| Eagle Surgical Supply, Inc. v Country-Wide Ins. Co. |
| 2018 NY Slip Op 50159(U) [58 Misc 3d 154(A)] |
| Decided on February 2, 2018 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Jaffe & Koumourdas, LLP (Jean H. Kang, Esq.), for appellant. Korsunskiy Legal Group, P.C. (Henry Guindi, Esq.), for respondent.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered May 21, 2015. The judgment, insofar as appealed from as limited by the brief, after a nonjury trial, awarded plaintiff no-fault statutory prejudgment interest from June 21, 2007.
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 on June 21, 2007. After a nonjury trial held on November 3, 2014, the Civil Court found in favor of plaintiff and awarded it the principal sum of $1,462.33. 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 $1,462.33 and, among other things, no-fault statutory prejudgment interest from June 21, 2007. As limited by its brief, defendant appeals from so much of the judgment as awarded plaintiff no-fault statutory prejudgment interest from June 21, 2007.
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.