Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Judge Billings

COMMISSIONERS OF STATE INSURANCE FUND v. KASSAS — Plaintiff Commissioners of the State Insurance Fund (SIF) move for summary judgment on SIF’s 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 defendant’s records. C.P.L.R. §3212(b). SIF’s 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 manager’s mere recitation of the document’s 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 Dep’t 1998); Schiffren v. Kramer, 225 A.D.2d 757, 758 (2d Dep’t 1996).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›
Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
Go to Lawjobs