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American Guarantee & Liability Insurance v. CNA Reinsurance Co.

Appellate Division of the Supreme Court of New York, First Department
Jul 12, 2007
42 A.D.3d 338 (N.Y. App. Div. 2007)

Opinion

No. 70.

July 12, 2007.

Order, Supreme Court, New York County (Herman Cahn, J.), entered June 13, 2006, which denied plaintiffs motion for statutory interest on the amounts previously awarded for indemnification and defense costs in the underlying personal injury action, unanimously affirmed, without costs.

Melito Adolfsen P.C., New York (S. Dwight Stephens of counsel), for appellant.

Harrington, Ocko Monk LLP, White Plains (I. Paul Howansky of counsel), for respondents.

Before: Mazzarelli, J.P., Friedman, Williams, McGuire and Malone, JJ.


The issue raised by plaintiff regarding whether or not it was entitled to statutory interest on the amount it recovered in this litigation as well as interest on the amount it paid for defense costs, was previously determined by this Court.

In its brief on the prior appeal from the denial of summary judgment, plaintiff argued that it was entitled to statutory interest at the rate of 9%. Although this Court did not specifically address this issue in the prior decision, as indicated, we considered all of the parties' arguments. We modified the order appealed from to the extent of granting plaintiff summary judgment and found plaintiff's additional arguments unavailing ( American Guar. Liab. Ins. Co. v CNA Reins. Co., 16 AD3d 154, 155). Plaintiff is therefore barred from relitigating the issue of its entitlement to statutory interest by the doctrine of the law of the case ( cf. Hass Gottlieb v Sook Hi Lee, 11 AD3d 230).


Summaries of

American Guarantee & Liability Insurance v. CNA Reinsurance Co.

Appellate Division of the Supreme Court of New York, First Department
Jul 12, 2007
42 A.D.3d 338 (N.Y. App. Div. 2007)
Case details for

American Guarantee & Liability Insurance v. CNA Reinsurance Co.

Case Details

Full title:AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, Appellant, v. CNA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 12, 2007

Citations

42 A.D.3d 338 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 6061
839 N.Y.S.2d 740

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