COMMISSIONERS OF STATE INSURANCE FUND v. BUILDERS ASSOCIATES LLC (2024)

Order, Supreme Court, New York County (Louis L. Nock, J.), entered on or about September 6, 2023, which granted plaintiff Commissioners of the State Insurance Fund's motion for summary judgment to recover workers’ compensation insurance premiums from defendant, and ordered judgment to be entered in favor of plaintiff and against defendant in the amount of $50,220.43, with statutory interest from December 10, 2017 through the date of entry of judgment, unanimously affirmed, without costs.

Plaintiff established its prima facie entitlement to summary judgment by providing the insurance policy, the insurance application, the audit information pages, the auditor worksheets, and plaintiff's billing statement to defendant, dated November 4, 2019, reflecting $50,220.43 in premiums due (see Commissioners of State Ins. Fund v. Call–A–Head Corp, 227 A.D.3d 438, 438, 211 N.Y.S.3d 29 [1st Dept. 2024];  Commissioners of State Ins. Fund v. Sanitation Salvage Corp., 187 A.D.3d 537, 537, 130 N.Y.S.3d 665 [1st Dept. 2020];  Commissioners of State Ins. Fund v. Concord Messenger Serv., Inc., 34 A.D.3d 355, 826 N.Y.S.2d 187 [1st Dept. 2006]).

Defendant argues that there is a question of fact concerning the subcontractors included in the premium charges because the subcontractors either had valid insurance coverage or only provided materials and should be excluded from coverage.  These arguments are unavailing.

Defendant provided various documents to support its contention, such as copies of insurance certificates.  However, four of the disputed subcontractors were previously credited by plaintiff, and others were never included in the disputed premium calculation.  Although some insurance certificates provided by defendant were valid, those certificates were insufficient to establish coverage during the relevant time period or did not provide workers’ compensation insurance.  Further, defendant's argument that certain subcontractors should not be included in the workers’ compensation calculation, as the subcontractors provided only materials, not labor, is similarly unavailing as defendant failed to provide documentation in support of this contention.