COMMISSIONERS OF THE STATE INSURANCE FUND v. DIPIETRO


289 A.D.2d 46 (2001)

734 N.Y.S.2d 432

COMMISSIONERS OF THE STATE INSURANCE FUND, Respondent, v. MARTIN DIPIETRO et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 6, 2001.


The grant of summary judgment in plaintiff's favor was proper. The business records submitted by plaintiff established, prima facie, defendants' nonpayment of the insurance premiums sought. Defendants, in response to plaintiff's prima facie showing, failed to come forward with evidence sufficient to raise a triable issue as to whether they had satisfied their obligation to pay the subject premiums (see, Commissioners of State Ins. Fund v Allou Distribs.,

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