HEALTHLINE INC v. ALLSTATE INSURANCE CO (2019)

Supreme Court, Appellate Term, New York.

HEALTHLINE 1, INC., as Assignee of Fredy Moreno-Alfaro, Appellant, v. ALLSTATE INSURANCE CO., Respondent.

2017-1676 Q C

Decided: June 07, 2019

PRESENT: : BERNICE D. SIEGAL, J.P., MICHAEL L. PESCE, DAVID ELLIOT, JJ

Glinkenhouse, Floumanhaft & Queen (Stephen J. Green of counsel), for appellant. Peter C. Merani, P.C. (Samuel Kamara of counsel), for respondent.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and the branch of defendant's cross motion seeking to stay the accrual of no-fault statutory interest “between date of settlement and date of judgment” is denied.

This action by a provider to recover assigned first-party no-fault benefits was settled in open court in 2011. Defendant did not pay the settlement amount, and a judgment was subsequently entered on June 28, 2016, pursuant to CPLR 5003-a. Plaintiff appeals from so much of an order of the Civil Court entered May 12, 2017 as granted the branch of a cross motion by defendant seeking to stay the accrual of no-fault statutory interest “between date of settlement and date of judgment.”

For the reasons stated in Seaside Rehabilitation, as Assignee of Evelia Polanco v Allstate Ins. Co. (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2017-1666 Q C], decided herewith), the order, insofar as appealed from, is reversed and the branch of defendant's cross motion seeking to stay the accrual of no-fault statutory interest “between date of settlement and date of judgment” is denied.

SIEGAL, J.P., PESCE and ELLIOT, JJ., concur.

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