Devonshire Surgical Facility v American Transit Insurance Company, 2011 NY Slip Op 51660(U)(App. Term 1st Dept. 2011)
“[p]laintiffs made a prima facie showing of entitlement to judgment as a matter of law on their claims for first-party no-fault benefits by submitting proof that the prescribed statutory billing forms had been mailed and received by defendant on January 22, 2001, and that payment was overdue”
“We remand the matter to Civil Court for calculation of the appropriate interest due plaintiff on these claims, taking into account the applicability, if any, of the tolling provisions of Insurance Law § 5106(a) (see 11 NYCRR 65.15[h][3] [now 65-3.9(c)]; LMK Psychological Servs., P.C. v State Farm Mut. Auto. Ins. Co., 12 NY3d 217, 223 [2009]; Brooklyn Chiropractic Assoc., P.C. v Progressive Cas. Ins. Co., 17 Misc 3d 13, 15 [2007]).”
I guess when compound interest is in play, we see the worst in people.
