June 7, 2019

Healthline 1, Inc. v Allstate Ins. Co. (2019 NY Slip Op 50919(U))

Headnote

The court considered a case where a provider was seeking to recover assigned first-party no-fault benefits from an insurance company. The case was settled in open court in 2011, but the insurance company did not pay the settlement amount. A judgment was subsequently entered in 2016. The main issue decided was whether the insurance company should be allowed to stay the accrual of no-fault statutory interest "between date of settlement and date of judgment." The court held that the branch of defendant's cross motion seeking to stay the accrual of no-fault statutory interest "between date of settlement and date of judgment" was denied, reversing the lower court's decision.

Reported in New York Official Reports at Healthline 1, Inc. v Allstate Ins. Co. (2019 NY Slip Op 50919(U))

Healthline 1, Inc. v Allstate Ins. Co. (2019 NY Slip Op 50919(U)) [*1]

Healthline 1, Inc. v Allstate Ins. Co.

2019 NY Slip Op 50919(U) [63 Misc 3d 162(A)]

Decided on June 7, 2019

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This opinion is uncorrected and will not be published in the printed Official Reports.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 7, 2019

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

PRESENT: : BERNICE D. SIEGAL, J.P., MICHAEL L. PESCE, DAVID ELLIOT, JJ
2017-1676 Q C

Healthline 1, Inc., as Assignee of Fredy Moreno-Alfaro, Appellant,
against
Allstate Insurance Co., Respondent.

Glinkenhouse, Floumanhaft & Queen (Stephen J. Green of counsel), for appellant. Peter C. Merani, P.C. (Samuel Kamara of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered May 12, 2017. The order, insofar as appealed from, granted the branch of a cross motion by defendant seeking to stay the accrual of no-fault statutory interest “between date of settlement and date of judgment.”

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and the branch of defendant’s cross motion seeking to stay the accrual of no-fault statutory interest “between date of settlement and date of judgment” is denied.

This action by a provider to recover assigned first-party no-fault benefits was settled in open court in 2011. Defendant did not pay the settlement amount, and a judgment was subsequently entered on June 28, 2016, pursuant to CPLR 5003-a. Plaintiff appeals from so much of an order of the Civil Court entered May 12, 2017 as granted the branch of a cross motion by defendant seeking to stay the accrual of no-fault statutory interest “between date of settlement and date of judgment.”

For the reasons stated in Seaside Rehabilitation, as Assignee of Evelia Polanco v Allstate Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2017-1666 Q C], decided [*2]herewith), the order, insofar as appealed from, is reversed and the branch of defendant’s cross motion seeking to stay the accrual of no-fault statutory interest “between date of settlement and date of judgment” is denied.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: June 07, 2019