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December 13, 2019

G.N.S. Med. Supplies, Inc. v Country Wide Ins. Co. (2019 NY Slip Op 52035(U))

https://www.beynensonlaw.com/case-law/g-n-s-med-supplies-inc-v-country-wide-ins-co-2019-ny-slip-op52035u/

Court
Appellate Term, Second Department
Decided
December 13, 2019
Citation
2019 NY Slip Op 52035(U)
Posture
Other motion
Outcome
Provider prevailed
Issues
Interest and attorney fees
Legal questions
When no-fault interest is tolled (see the maps)
Cite as
G.N.S. Med. Supplies, Inc. v Country Wide Ins. Co., 2019 NY Slip Op 52035(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019)

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 provider's claims submitted in January 2001 were governed by the former no-fault regulations requiring compound interest. After the insurer failed to pay a settlement, a judgment entered under CPLR 5003-a awarded simple interest under 11 NYCRR 65-3.9 (a), effective April 5, 2002. The provider obtained recalculation under CPLR 5019 (a) and former 11 NYCRR 65.15 (h) (1). Following Belt Parkway Imaging, P.C. v State Wide Ins. Co., the Appellate Term, Second Department, affirmed the order granting the provider's motion because all the claims were governed by the former compound-interest regulations. The insurer's remaining contention was not properly before the court and, in any event, lacked merit.

Reported in New York Official Reports at G.N.S. Med. Supplies, Inc. v Country Wide Ins. Co. (2019 NY Slip Op 52035(U))

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

G.N.S. Medical Supplies, Inc., as Assignee of Lidiya Zadushlivaya, Respondent,

against

Country Wide Insurance Company, Appellant.

Jaffe & Koumourdas, LLP (Jean H. Kang of counsel), for appellant. Glinkenhouse Queen (Alan Queen and Steven J. Green of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Tracy A. Catapano-Fox, J.), entered February 5, 2018. The order granted plaintiff’s motion to recalculate, from a simple rate to a compound rate, an award of statutory no-fault interest in a judgment of that court entered January 12, 2017.

ORDERED that the order is affirmed, with $25 costs.

This action by a provider to recover assigned first-party no-fault benefits for claims submitted to defendant in January 2001, arising from an accident in November 2000, was settled in July 2007. Defendant did not pay the settlement amount, and a judgment was subsequently entered on January 12, 2017 (see CPLR 5003-a) awarding statutory no-fault interest at a simple, not compound, rate (see 11 NYCRR 65-3.9 [a], effective April 5, 2002). Plaintiff moved, pursuant to CPLR 5019 (a), to have the interest recalculated pursuant to the pre-2002 regulations, which required no-fault interest to be calculated at a compound rate (see former 11 NYCRR 65.15 [h] [1]). Defendant appeals from an order of the Civil Court granting plaintiff’s motion.

Contrary to defendant’s argument, the Civil Court correctly found that the claims involved herein are all governed by the former regulations providing for compound interest (see Belt Parkway Imaging, P.C. v State Wide Ins. Co., 30 Misc 3d 127[A], 2010 NY Slip Op 52229[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2010]).

Defendant’s remaining contention is not properly before this court and, in any event, lacks merit (see Seaside Rehabilitation v Allstate Ins. Co., 63 Misc 3d 162[A], 2019 NY Slip Op 50918[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]).

Accordingly, the order is affirmed.

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



ENTER:

Paul Kenny


Chief Clerk
Decision Date: December 13, 2019

Legal questions

A question of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.

When no-fault interest is tolled

Open the full map

When is 2% no-fault interest tolled because the claimant delayed suing, arbitrating, prosecuting or collecting?

This decision: Interest runs without suspension: the toll was not triggered or the delay was not unreasonable or not the claimant's (rules on the question, but another ground decided the case)

Rejected the insurer's remaining contention, apparently seeking to stay interest between settlement and judgment, as not properly before the court and in any event meritless, while upholding compound-rate interest.

  • Court of AppealsCt App 1
  • Appellate DivisionApp Div 3
  • Appellate TermApp Term 46
  • Trial courtsTrial 23
2009, Court of Appeals: 1 decision (1 Tolled: no timely suit)2009, Appellate Division: 1 decision (1 Tolled: no timely suit)2006, Appellate Division: 1 decision (1 Not tolled)2026, Appellate Division: 1 decision (1 Tolled: claimant's delay)2023, Appellate Term: 1 decision (1 Not tolled)2022, Appellate Term: 6 decisions (3 Tolled: claimant's delay, 3 Not tolled)2020, Appellate Term: 5 decisions (5 Tolled: claimant's delay)2019, Appellate Term: 5 decisions (5 Not tolled)2018, Appellate Term: 10 decisions (5 Tolled: claimant's delay, 5 Not tolled)2017, Appellate Term: 2 decisions (2 Not tolled)2016, Appellate Term: 1 decision (1 Tolled: claimant's delay)2015, Appellate Term: 1 decision (1 Tolled: claimant's delay)2014, Appellate Term: 2 decisions (1 Tolled: no timely suit, 1 Tolled: claimant's delay)2013, Appellate Term: 1 decision (1 Tolled: no timely suit)2011, Appellate Term: 1 decision (1 Not tolled)2010, Appellate Term: 1 decision (1 Not tolled)2008, Appellate Term: 1 decision (1 Not tolled)2007, Appellate Term: 2 decisions (2 Tolled: no timely suit)2024, Appellate Term: 2 decisions (2 Not tolled)2025, Appellate Term: 2 decisions (2 Not tolled)2026, Appellate Term: 3 decisions (3 Not tolled)2023, Trial courts: 6 decisions (6 Tolled: no timely suit)2022, Trial courts: 1 decision (1 Tolled: claimant's delay)2021, Trial courts: 2 decisions (1 Tolled: no timely suit, 1 Tolled: claimant's delay)2020, Trial courts: 2 decisions (2 Tolled: no timely suit)2013, Trial courts: 1 decision (1 Tolled: claimant's delay)2012, Trial courts: 2 decisions (1 Tolled: no timely suit, 1 Tolled: claimant's delay)2007, Trial courts: 2 decisions (1 Tolled: no timely suit, 1 Not tolled)2006, Trial courts: 2 decisions (1 Tolled: no timely suit, 1 Not tolled)2005, Trial courts: 1 decision (1 Not tolled)2024, Trial courts: 1 decision (1 Tolled: no timely suit)2026, Trial courts: 1 decision (1 Tolled: claimant's delay)2025, Trial courts: 1 decision (1 Tolled: claimant's delay)2014, Trial courts: 1 decision (1 Tolled: claimant's delay)This decision
20052010201520202025
Tolled: no timely suitTolled: claimant's delayNot tolledThis decisionCites it or cited by itCited or followed

Of the 73 decisions on this question in the Second Department courts and the Court of Appeals, 30 (this one included) are in the same category.

Cited in this decision

A label shows how this decision treated the case it cites.

  • Belt Parkway Imaging, P.C. v State Wide Ins. Co. (2010 NY Slip Op 52229(U)) FollowedThe insurer failed to prove provider ineligibility based on unlicensed control, even under a preponderance standard.
  • Seaside Rehabilitation v Allstate Ins. Co. (2019 NY Slip Op 50918(U)) FollowedThe insurer failed to justify tolling no-fault interest because it did not show that the provider prevented settlement payment.

Cited by

  • Medtech Med. Supply, Inc. v Country-Wide Ins. Co. (2023 NY Slip Op 50277(U))The provider's statutory no-fault interest award was recalculated at a compound rate under the former regulations.

Similar decisions

  • Health Value Med., P.C. v Country Wide Ins. Co. (2019 NY Slip Op 52036(U))The provider's claims submitted in March 2000 were governed by the former no-fault regulations requiring compound interest.
  • New Generation Wellness Chiropractic, P.C. v Country Wide Ins. Co. (2019 NY Slip Op 52046(U))The provider's motion to recalculate no-fault interest at a compound rate under former 11 NYCRR 65.15 (h) (1) was granted.
  • Health Value Med., P.C. v Country Wide Ins. (2022 NY Slip Op 51137(U))A no-fault claim arising from an accident before April 5, 2002 is governed by the former regulations requiring compound interest.
  • Biotech Surgical Supply v Country Wide Ins. Co. (2022 NY Slip Op 50376(U))The provider's claims submitted in 2001 were governed by former no-fault regulations requiring compound interest.
  • New Life Acupuncture, P.C. v Country Wide Ins. Co. (2024 NY Slip Op 50120(U))No-fault claims arising from accidents before April 5, 2002 are governed by the former regulations requiring compound interest.
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