February 2, 2018

Eagle Surgical Supply, Inc. v Country-Wide Ins. Co. (2018 NY Slip Op 50158(U))

https://www.beynensonlaw.com/case-law/eagle-surgical-supply-inc-v-country-wide-ins-co-2018-ny-slip-op50158u/

Court
Appellate Term, Second Department
Decided
February 2, 2018
Citation
2018 NY Slip Op 50158(U) · 58 Misc 3d 154(A)
Posture
Trial
Outcome
Provider prevailed
Issues
Interest and attorney fees
Cite as
Eagle Surgical Supply, Inc. v Country-Wide Ins. Co., 58 Misc 3d 154(A), 2018 NY Slip Op 50158(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The insurer's request to toll no-fault prejudgment interest for the provider's delay in prosecuting the action was rejected on appeal. The Appellate Term, Second Department, affirmed the judgment, insofar as appealed from, awarding the provider statutory prejudgment interest after a nonjury trial, for the reasons stated in the companion appeal decided the same day, No. 2016-2307 K C.

Reported in New York Official Reports at Eagle Surgical Supply, Inc. v Country-Wide Ins. Co. (2018 NY Slip Op 50158(U))

[*1]
Eagle Surgical Supply, Inc. v Country-Wide Ins. Co.
2018 NY Slip Op 50158(U) [58 Misc 3d 154(A)]
Decided on February 2, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 2, 2018

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


PRESENT: : MICHELLE WESTON, J.P., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2016-2309 K C
Eagle Surgical Supply, Inc., as Assignee of Edgar Molano, Respondent,

against

Country-Wide Insurance Company, Appellant.

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

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered May 21, 2015. The judgment, insofar as appealed from as limited by the brief, after a nonjury trial, awarded plaintiff no-fault statutory prejudgment interest from January 29, 2006.

ORDERED that the judgment, insofar as appealed from, is affirmed, with $25 costs.

Plaintiff commenced this action to recover assigned first-party no-fault benefits in 2006. After a nonjury trial held on November 3, 2014, the Civil Court found in favor of plaintiff and awarded it the principal sum of $831.25. Defendant made an oral application to the court to toll the accrual of no-fault statutory prejudgment interest based upon plaintiff’s delay in the prosecution of the action. In the alternative, defendant sought to submit a posttrial brief on the tolling issue. The Civil Court denied defendant’s requests, and a judgment was entered on May 21, 2015 awarding plaintiff the principal sum of $831.25 and, among other things, no-fault statutory prejudgment interest from January 29, 2006. As limited by its brief, defendant appeals from so much of the judgment as awarded plaintiff no-fault statutory prejudgment interest from January 29, 2006.

For the reasons stated in Eagle Surgical Supply, Inc., as Assignee of Warlin Mordan v Country-Wide Ins. Co. (____ Misc 3d _____, 2018 NY Slip Op _______ [appeal No. 2016-2307 K C], decided herewith), the judgment, insofar as appealed from, is affirmed.

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


ENTER:
Paul Kenny
Chief Clerk
Decision Date: February 02, 2018

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