June 1, 2018

Mostun v Countrywide Ins. (2018 NY Slip Op 50840(U))

Headnote

The court considered the appellant's delay in the prosecution of the action and the respondent's posttrial motion to toll the accrual of no-fault statutory prejudgment interest. The main issue was whether interest should accrue based on the delay in the prosecution of the action, and if so, from what date. 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, as opposed to December 18, 2014 as originally held by the lower court. The court affirmed the order with this modification.

Reported in New York Official Reports at Mostun v Countrywide Ins. (2018 NY Slip Op 50840(U))

Mostun v Countrywide Ins. (2018 NY Slip Op 50840(U)) [*1]

Mostun v Countrywide Ins.

2018 NY Slip Op 50840(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2015-2908 Q C

Paul Mostun, D.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