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Commissioners of State Insurance Fund v. Kassas, 32020/2001

State Insurance Fund's Unsubstantiated Claim Seeking Unpaid Premiums Is Rejected

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Judge Billings

COMMISSIONERS OF STATE INSURANCE FUND v. KASSAS Plaintiff Commissioners of the State Insurance Fund (SIF) move for summary judgment on SIFs breach of contract and account stated claims for $2,958.21 in unpaid Workers Compensation insurance premiums for the policy periods covering June 27, 1999, to July 27, 2000, after an audit of defendants records. C.P.L.R. §3212(b). SIFs collection manager attests that this amount includes collection charges, but presents no basis for this claim. See N.Y. State Fin. Law §18(1)(b) and (5). Nowhere, moreover, does SIF present the insurance contract on which SIF relies. Without the document itself, the collection managers mere recitation of the documents terms is rank hearsay, is contrary to the best evidence rule, and relegates SIF to its account stated claim. People v. Joseph, 86 N.Y.2d 565, 570 (1995); Schozer v. William Penn Life Ins. Co. of N.Y., 84 N.Y.2d 639, 643 (1994); NW Liquidating Corp. v. Helmsley-Spear, Inc., 248 A.D.2d 304, 305 (1st Dept 1998); Schiffren v. Kramer, 225 A.D.2d 757, 758 (2d Dept 1996).

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