Opinion
5525
December 6, 2001.
Judgment, Supreme Court, New York County (Marilyn Shafer, J.), entered October 24, 2000, which, in this action seeking the recovery of monies allegedly due and owing under a workers' compensation policy issued to defendants, awarded plaintiff the total sum of $214,653.62, and which brings up for review an order, same court and Justice, entered on or about October 5, 2000, which, inter alia, granted plaintiff's cross motion for summary judgment, unanimously affirmed, without costs. Appeal from the aforesaid order entered October 5, 2000, unanimously dismissed, without costs, as subsumed in the appeal from the ensuing judgment.
Before: Rosenberger, J.P., Mazzarelli, Ellerin, Wallach, Marlow, JJ.
The grant of summary judgment in plaintiff's favor was proper. The business records submitted by plaintiff established, prima facie, defendants' non-payment 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, Commrs. of the State Ins. Fund v. Allou Distribs., Inc., 220 A.D.2d 217). Contrary to defendants' contention, this action was timely commenced.
In view of the foregoing, it is unnecessary to address defendants' argument that its motion to change venue was improperly denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.