June 1, 2018

Mostun v Countrywide Ins. (2018 NY Slip Op 50839(U))

Headnote

The case involved a dispute between Paul Mostun, a chiropractor, and Countrywide Insurance regarding the accrual of no-fault statutory prejudgment interest. The Civil Court of the City of New York, Queens County granted defendant's posttrial motion to toll the accrual of interest based upon plaintiff's delay in the prosecution of the action, holding that interest shall accrue from December 18, 2014. The main issue decided was the accrual date of no-fault statutory prejudgment interest. The court modified the order, providing that the interest shall accrue from January 23, 2014. The holding of the case was that no-fault statutory prejudgment interest shall accrue from January 23, 2014, as modified by the court.

Reported in New York Official Reports at Mostun v Countrywide Ins. (2018 NY Slip Op 50839(U))

Mostun v Countrywide Ins. (2018 NY Slip Op 50839(U)) [*1]

Mostun v Countrywide Ins.

2018 NY Slip Op 50839(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2015-2907 Q C

Paul Mostun, D.C., as Assignee of Angel Velazquez, 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 28, 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