June 1, 2018

Vitality Chiropractic, P.C. v Countrywide Ins. (2018 NY Slip Op 50849(U))

Headnote

In the case of Vitality Chiropractic, P.C. v. Countrywide Insurance, the court considered an order granting the defendant's posttrial motion to toll the accrual of no-fault statutory prejudgment interest based upon the plaintiff's delay in the prosecution of the action, and held that interest shall accrue from December 18, 2014. The main issue decided in this case was the accrual date for no-fault statutory prejudgment interest. The holding of the court was that the order was modified to provide that no-fault statutory prejudgment interest shall accrue from January 23, 2014, rather than the original date of December 18, 2014. The court's decision was affirmed, without costs. The reasons for the modification were stated in a related case, and all the judges concurred with the decision.

Reported in New York Official Reports at Vitality Chiropractic, P.C. v Countrywide Ins. (2018 NY Slip Op 50849(U))

Vitality Chiropractic, P.C. v Countrywide Ins. (2018 NY Slip Op 50849(U)) [*1]

Vitality Chiropractic, P.C. v Countrywide Ins.

2018 NY Slip Op 50849(U) [59 Misc 3d 151(A)]

Decided on June 1, 2018

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 1, 2018

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2016-267 Q C

Vitality Chiropractic, P.C., as Assignee of Lynette Grainger, Appellant,
against
Countrywide Insurance, Respondent.

Korsunskiy Legal Group, P.C. (Henry Guindi of counsel), for appellant. Jaffe & Koumourdas, LLP (Jean H. Kang of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered May 22, 2015. The order granted defendant’s posttrial motion to toll the accrual of no-fault statutory prejudgment interest based upon plaintiff’s delay in the prosecution of the action and held that interest shall accrue from December 18, 2014.

ORDERED that the order is modified by providing that no-fault statutory prejudgment interest shall accrue from January 23, 2014; as so modified, the order is affirmed, without costs.

For the reasons stated in Vitality Chiropractic, P.C., as Assignee of Angel Velazquez v Countrywide Ins. (___ Misc 3d ___, 2018 NY Slip Op _____ [appeal No. 2015-2906 Q C], decided herewith), the order is modified by providing that no-fault statutory prejudgment interest shall accrue from January 23, 2014.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: June 01, 2018