December 13, 2019

New Generation Wellness Chiropractic, P.C. v Country Wide Ins. Co. (2019 NY Slip Op 52046(U))

Headnote

The case involved an appeal from an order of the Civil Court of Queens County that granted the plaintiff's motion to recalculate an award of statutory no-fault interest from a simple rate to a compound rate in a judgment entered on January 31, 2017. The plaintiff, a provider of assigned first-party no-fault benefits, had submitted claims to the defendant in March 2001, stemming from an accident in December 2000, which was settled in January 2015. The defendant did not pay the settlement amount, resulting in a judgment entered in 2017 that awarded statutory no-fault interest at a simple rate. The plaintiff moved to have the interest recalculated again based on pre-2002 regulations that required interest to be calculated at a compound rate. The court affirmed the order, stating that the interest should be recalculated at a compound rate, and also found that the defendant's remaining contention was not properly before the court.

Reported in New York Official Reports at New Generation Wellness Chiropractic, P.C. v Country Wide Ins. Co. (2019 NY Slip Op 52046(U))

New Generation Wellness Chiropractic, P.C. v Country Wide Ins. Co. (2019 NY Slip Op 52046(U)) [*1]

New Generation Wellness Chiropractic, P.C. v Country Wide Ins. Co.

2019 NY Slip Op 52046(U) [66 Misc 3d 128(A)]

Decided on December 13, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 13, 2019

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

PRESENT: : MICHAEL L. PESCE, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ
2018-1063 Q C

New Generation Wellness Chiropractic, P.C., as Assignee of Terrance Pringle, Respondent,
against
Country Wide Ins. Co., 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 (Larry Love, J.), entered February 22, 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 31, 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 March 2001, arising from an accident in December 2000, was settled in January 2015. Defendant did not pay the settlement amount, and a judgment was subsequently entered on January 31, 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.

For the reasons stated in G.N.S. Med. Supplies, Inc., as Assignee of Lidiya Zadushlivaya v Country Wide Ins. Co. (___ Misc 3d ___, 2019 NY Slip Op ____ [appeal No. 2018-630 Q C], decided herewith), the order is affirmed.

Defendant’s remaining contention is not properly before this court and, in any event, lacks [*2]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]).

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 13, 2019