EAGLE SURGICAL SUPPLY INC v. COUNTRY WIDE INSURANCE COMPANY (2018)

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.