Opinion
2016–2309 K C
02-02-2018
EAGLE SURGICAL SUPPLY, INC., as Assignee of Edgar Molano, Respondent, v. COUNTRY–WIDE INSURANCE COMPANY, Appellant.
Jaffe & Koumourdas, LLP (Jean H. Kang, Esq.), for appellant. Korsunskiy Legal Group, P.C. (Henry Guindi, Esq.), for respondent.
Jaffe & Koumourdas, LLP (Jean H. Kang, Esq.), for appellant.
Korsunskiy Legal Group, P.C. (Henry Guindi, Esq.), for respondent.
PRESENT: MICHELLE WESTON, J.P., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ.
ORDERED that the judgment, insofar as appealed from, is affirmed, with $25 costs.
Plaintiff commenced this action to recover assigned first-party no-fault benefits in 2006. After a nonjury trial held on November 3, 2014, the Civil Court found in favor of plaintiff and awarded it the principal sum of $831.25. Defendant made an oral application to the court to toll the accrual of no-fault statutory prejudgment interest based upon plaintiff's delay in the prosecution of the action. In the alternative, defendant sought to submit a posttrial brief on the tolling issue. The Civil Court denied defendant's requests, and a judgment was entered on May 21, 2015 awarding plaintiff the principal sum of $831.25 and, among other things, no-fault statutory prejudgment interest from January 29, 2006. As limited by its brief, defendant appeals from so much of the judgment as awarded plaintiff no-fault statutory prejudgment interest from January 29, 2006.
For the reasons stated in Eagle Surgical Supply, Inc., as Assignee of Warlin Mordan v Country–Wide Ins. Co. (––– Misc 3d ––––, 2018 NY Slip Op –––– [appeal No. 2016–2307 K C], decided herewith), the judgment, insofar as appealed from, is affirmed.
WESTON, J.P., ALIOTTA and ELLIOT, JJ., concur.