June 7, 2019

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

https://www.beynensonlaw.com/case-law/healthline-1-inc-v-allstate-ins-co-2019-ny-slip-op-50919u/

Court
Appellate Term, Second Department
Decided
June 7, 2019
Citation
2019 NY Slip Op 50919(U) · 63 Misc 3d 162(A)
Posture
Other motion
Outcome
Provider prevailed
Issues
Interest and attorney fees
Legal questions
When no-fault interest is tolled (see the maps)
Cite as
Healthline 1, Inc. v Allstate Ins. Co., 63 Misc 3d 162(A), 2019 NY Slip Op 50919(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 insurer's request to stay no-fault statutory interest between settlement and judgment was denied on appeal. Judgment followed an unpaid settlement under CPLR 5003-a. The Appellate Term, Second Department, reversed the order, insofar as appealed from, for the reasons stated in Seaside Rehabilitation v Allstate Ins. Co., the companion appeal decided the same day, No. 2017-1666 Q C.

Reported in New York Official Reports at 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This opinion is uncorrected and will not be published in the printed Official Reports.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

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