GPM CHIROPRACTIC v. STATE FARM MUTUAL INSURANCE CO (2020)

ORDERED that the order, insofar as appealed from, is modified by providing that the accrual of no-fault statutory interest is tolled from November 26, 2005 to April 13, 2018; as so modified, the order is affirmed, with $25 costs.

Plaintiff commenced this action in 2002 to recover assigned first-party no-fault benefits for services allegedly rendered in 2001. The record demonstrates that issue was joined in December 2002. Thereafter, plaintiff moved for summary judgment and defendant cross-moved for summary judgment dismissing the complaint. By order entered October 13, 2004, the Civil Court denied the motion and cross motion. By order entered November 26, 2005, the Civil Court, upon granting reargument to defendant, adhered to the court's prior determination denying defendant's cross motion for summary judgment dismissing the complaint. Plaintiff appeals from so much of an order entered December 12, 2018 as granted the branch of defendant's motion seeking to dismiss so much of the complaint as sought to recover no-fault statutory interest to the extent of tolling the accrual of that interest from September 28, 2005 to April 13, 2018.

As plaintiff took no meaningful action to prosecute the case after the court decided defendant's motion for leave to reargue its cross motion for summary judgment, for the reasons stated in A.M. Med. Servs., P.C., as Assignee of Boris Simanovsky v State Farm Mut. Ins. Co. (––– Misc 3d ––––, 2020 NY Slip Op _____ [appeal No. 2018-2460 Q C], decided herewith), the order, insofar as appealed from, is modified by providing that the accrual of interest is tolled from November 26, 2005 to April 13, 2018.

ALIOTTA, P.J., WESTON and ELLIOT, JJ., concur.