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January 26, 2024

Metro Med. Diagnostics, P.C. v Country Wide Ins. Co. (2024 NY Slip Op 50119(U))

https://www.beynensonlaw.com/case-law/metro-med-diagnostics-p-c-v-country-wide-ins-co-2024-ny-slip-op-50119u/

Court
Appellate Term, Second Department
Decided
January 26, 2024
Citation
2024 NY Slip Op 50119(U)
Posture
Other motion
Outcome
Provider prevailed
Later treatment
Followed in 1 later decision (see Cited by)
Issues
Interest and attorney fees
Cite as
Metro Med. Diagnostics, P.C. v Country Wide Ins. Co., 2024 NY Slip Op 50119(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2024)

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.

Statutory no-fault interest was improperly tolled through judgment because the insurer did not show that the provider prevented payment. The Appellate Term, Second Department, reversed the judgment, insofar as appealed from, vacated the sua sponte toll, and remitted for a new judgment. The provider had obtained judgment on an unpaid settlement under CPLR 5003-a and moved under CPLR 5019 (a) to replace simple interest with two percent monthly compound interest. The Civil Court granted that correction but suspended accrual from settlement through the original judgment. Under CPLR 5003-a (e), settlement obligated the insurer to pay, and the provider needed no demand for payment. Without proof that the provider prevented payment, the interest toll could not stand.

Reported in New York Official Reports at Metro Med. Diagnostics, P.C. v Country Wide Ins. Co. (2024 NY Slip Op 50119(U))

[*1]
Metro Med. Diagnostics, P.C. v Country Wide Ins. Co.
2024 NY Slip Op 50119(U)
Decided on January 26, 2024
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 26, 2024
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WAVNY TOUSSAINT, P.J., CHEREÉ A. BUGGS, LISA S. OTTLEY, JJ
2023-1025 Q C

Metro Medical Diagnostics, P.C., as Assignee of Raymond Pearson, Appellant,

against

Country Wide Insurance Company, Respondent.


Glinkenhouse Queen, Esqs. (Alan Queen of counsel), for appellant. Jaffe & Velasquez, LLP, for respondent (no brief filed).

Appeal, on the ground of inadequacy, from a judgment of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered September 13, 2023. The judgment, insofar as appealed from, upon awarding plaintiff the principal sum of $1,704.68 pursuant to a stipulation of settlement entered into on July 10, 2010, awarded plaintiff statutory no-fault interest from January 9, 2017. The appeal from the judgment brings up for review so much of an order of that court entered October 22, 2018 as, sua sponte, tolled the accrual of statutory no-fault interest.

ORDERED that the judgment, insofar as appealed from, is reversed, with $30 costs, so much of the October 22, 2018 order as, sua sponte, tolled the accrual of statutory no-fault interest is vacated, and the matter is remitted to the Civil Court for the entry of a new judgment in accordance with this decision and order.

This action by a provider to recover assigned first-party no-fault benefits for a claim arising out of an accident that occurred on January 5, 2000 was commenced in 2001 and settled on July 10, 2010. Defendant did not pay the settlement amount, and a judgment was subsequently entered on January 9, 2017 pursuant to CPLR 5003-a, awarding plaintiff statutory no-fault interest from the date of the settlement at a simple rate. On January 17, 2017, plaintiff moved, pursuant to CPLR 5019 (a), to, in effect, correct the January 9, 2017 judgment by recalculating the statutory no-fault interest from a simple rate to a compound rate. By order entered October 22, 2018, the Civil Court granted the motion and directed the clerk to recalculate [*2]the interest at a rate of 2% per month, compounded, but, sua sponte, tolled the accrual of statutory no-fault interest from the date of the settlement through January 9, 2017. A judgment was entered on September 13, 2023 accordingly, from which plaintiff appeals on the ground of inadequacy.

Plaintiff correctly argues that the Civil Court erred in tolling the statutory no-fault interest from the date of the settlement to January 9, 2017, the date of the original judgment. Once the case settled, defendant was obligated to pay the agreed-upon amount to plaintiff (see CPLR 5003-a) and “plaintiff, as the prevailing party, was not required to make a demand for the money” (Seaside Rehabilitation v Allstate Ins. Co., 63 Misc 3d 162[A], 2019 NY Slip Op 50918[U], *1 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019] [internal quotation marks omitted]; see CPLR 5003-a [e]; NCT Diagnostics, Inc. v Countrywide Ins. Co., 77 Misc 3d 133[A], 2022 NY Slip Op 51247[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]). Defendant did not demonstrate that plaintiff had prevented defendant in any way from paying the settlement amount (see ERHAL Holding Corp. v Rusin, 252 AD2d 473 [1998]; Juracka v Ferrara, 120 AD2d 822 [1986]; Craniofacial Pain Mgt. v Allstate Ins. Co., 61 Misc 3d 155[A], 2018 NY Slip Op 51825[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018]). Therefore, the Civil Court erred in tolling the accrual of interest from the date of the settlement to the date of the original judgment (see Seaside Rehabilitation v Allstate Ins. Co., 2019 NY Slip Op 50918[U]).

Accordingly, the judgment, insofar as appealed from, is reversed, so much of the October 22, 2018 order as, sua sponte, tolled the accrual of statutory no-fault interest is vacated, and the matter is remitted to the Civil Court for the entry of a new judgment in accordance with this decision and order.

TOUSSAINT, P.J., BUGGS and OTTLEY, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: January 26, 2024

Cited in this decision

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

  • 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.
  • NCT Diagnostics, Inc. v Countrywide Ins. Co. (2022 NY Slip Op 51247(U)) FollowedThe provider's postsettlement no-fault interest was improperly tolled because the insurer did not establish that the provider prevented payment.
  • Craniofacial Pain Mgt. v Allstate Ins. Co. (2018 NY Slip Op 51825(U)) FollowedA no-fault money judgment bears simple interest at nine percent annually from entry until payment under CPLR 5003 and 5004.

Cited by

A label shows how the later decision treated this one.

  • Health Value Med., P.C. v Country-Wide Ins. Co. (2026 NY Slip Op 50677(U)) FollowedInterest on an unpaid settlement runs from tender of the settlement documents, rather than the settlement date, under CPLR 5003-a (e).

Similar decisions

  • Biotech Surgical Supply, Inc. v Country Wide Ins. Co. (2024 NY Slip Op 50118(U))Statutory no-fault interest was improperly tolled because the insurer did not show that the provider prevented settlement payment.
  • Metro Med. Diagnostics, P.C. v Country-Wide Ins. Co. (2022 NY Slip Op 51248(U))The provider's statutory no-fault interest was improperly tolled after settlement because the insurer did not show any impediment to payment.
  • Berenblit v Country Wide Ins. Co. (2025 NY Slip Op 50487(U))The provider's delay in entering judgment on an unpaid settlement did not justify tolling statutory no-fault interest.
  • Trans Med. Supply, Inc. v Country Wide Ins. Co. (2020 NY Slip Op 20364)The provider's appeal from a sua sponte stay of no-fault interest was dismissed because that ruling was not appealable as of right.
  • Orthotics & Professional Supply, Ltd. v Country-Wide Ins. Co. (2022 NY Slip Op 51221(U))The provider's 17-year delay in seeking judgment on a summary judgment order required tolling statutory no-fault interest during that delay.
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