Commissioners of State Insurance Fund v. Albany Capitaland Enterprises, Inc.

Appeals (1) from an order of the Supreme Court (Ferradino, J.), entered December 11, 2003 in Albany County, which, inter alia, granted plaintiffs motion for summary judgment, and (2) from the judgment entered thereon.

Plaintiff, defendant’s workers’ compensation carrier from December 1991 through May 1995, commenced this action to recover unpaid premiums allegedly owed by defendant following the cancellation of the policy. Following joinder of issue, plaintiff served a notice to admit which, among other things, afforded defendant the opportunity to dispute certain payroll figures which formed…