February 2, 2018

Eagle Surgical Supply, Inc. v Country-Wide Ins. Co. (2018 NY Slip Op 50160(U))

Headnote

The case involved Eagle Surgical Supply, Inc. seeking to recover assigned first-party no-fault benefits in 2006. After a nonjury trial, the Civil Court found in favor of the plaintiff and awarded it the principal sum of $2,763.17. The defendant made an oral application to toll the accrual of no-fault statutory prejudgment interest based on the plaintiff's delay in prosecuting the action, but the Civil Court denied the requests and entered a judgment awarding the plaintiff the principal sum of $2,763.17 and prejudgment interest from August 17, 2006. The main issue decided in the appeal was whether the defendant should be allowed to toll the accrual of no-fault statutory prejudgment interest, and the decision was that the judgment in favor of the plaintiff, including the prejudgment interest, was affirmed.

Reported in New York Official Reports at Eagle Surgical Supply, Inc. v Country-Wide Ins. Co. (2018 NY Slip Op 50160(U))

Eagle Surgical Supply, Inc. v Country-Wide Ins. Co. (2018 NY Slip Op 50160(U)) [*1]

Eagle Surgical Supply, Inc. v Country-Wide Ins. Co.

2018 NY Slip Op 50160(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2016-2837 K C

Eagle Surgical Supply, Inc., as Assignee of Irma Merino, 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 August 17, 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 $2,763.17. 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 $2,763.17 and, among other things, no-fault statutory prejudgment interest from August 17, 2006. As limited by its brief, defendant appeals from so much of the judgment as awarded plaintiff no-fault statutory prejudgment interest from August 17, 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