Air Plus Surgical Supply, Inc., as Assignee of Chi Le, Appellant, v. Country Wide Insurance Company, Respondent. (2026)

Supreme Court, Appellate Term, New York.

Air Plus Surgical Supply, Inc., as Assignee of Chi Le, Appellant, v. Country Wide Insurance Company, Respondent.

2025-197 Q C

Decided: May 22, 2026

PRESENT: : CHEREÉ A. BUGGS, J.P., WAVNY TOUSSAINT, KAREN LIN, JJ

ORDERED that the judgment, insofar as appealed from, is reversed, with $30 costs, the August 1, 2018 order denying plaintiff's motion to recalculate the statutory no-fault interest using a compound, not simple, rate and, sua sponte, tolling the accrual of all such interest is vacated, plaintiff's motion is granted, and the matter is remitted to the Civil Court for the entry of a new judgment in accordance with this decision and order.

For the reasons stated in Berenblit v Country Wide Ins. Co. (85 Misc 3d 135[A], 2025 NY Slip Op 50487[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2025]), the judgment, insofar as appealed from, is reversed, the August 1, 2018 order denying plaintiff's motion to recalculate the statutory no-fault interest using a compound, not simple, rate and, sua sponte, tolling the accrual of all such interest is vacated, plaintiff's motion is granted, and the matter is remitted to the Civil Court for the entry of a new judgment in accordance with this decision and order.

BUGGS, J.P., TOUSSAINT and LIN, JJ., concur.

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: May 22, 2026

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law