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Healthline 1, Inc. v. Allstate Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Jun 7, 2019
63 Misc. 3d 162 (N.Y. App. Term 2019)

Opinion

2017-1676 Q C

06-07-2019

HEALTHLINE 1, INC., as Assignee of Fredy Moreno-Alfaro, Appellant, v. 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.


Glinkenhouse, Floumanhaft & Queen (Stephen J. Green of counsel), for appellant. Peter C. Merani, P.C. (Samuel Kamara of counsel), for respondent.

PRESENT: : BERNICE D. SIEGAL, J.P., MICHAEL L. PESCE, DAVID ELLIOT, JJ

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 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.


Summaries of

Healthline 1, Inc. v. Allstate Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Jun 7, 2019
63 Misc. 3d 162 (N.Y. App. Term 2019)
Case details for

Healthline 1, Inc. v. Allstate Ins. Co.

Case Details

Full title:Healthline 1, Inc., as Assignee of Fredy Moreno-Alfaro, Appellant, v…

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

Date published: Jun 7, 2019

Citations

63 Misc. 3d 162 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 50919
115 N.Y.S.3d 815