American Guarantee & Liability Insurance v. CNA Reinsurance Co.

Appellate Division of the Supreme Court of New York

American Guarantee & Liability Insurance v. CNA Reinsurance Co.

42 A.D.3d 338, 839 N.Y.S.2d 740

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 12, 2007

StatusPublished

Cited by1 cases

This text of 42 A.D.3d 338 (American Guarantee & Liability Insurance v. CNA Reinsurance Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Guarantee & Liability Insurance v. CNA Reinsurance Co., 42 A.D.3d 338, 839 N.Y.S.2d 740 (N.Y. Ct. App. 2007).

Pincite

Opinion

Order, Supreme Court, New York County (Herman Cahn, J.), entered June 13, 2006, which denied plaintiffs motion for statutory interest on the amounts previously awarded for indemnification and defense costs in the underlying personal injury action, unanimously affirmed, without costs.

The issue raised by plaintiff regarding whether or not it was entitled to statutory interest on the amount it recovered in this litigation as well as interest on the amount it paid for defense costs, was previously determined by this Court.

In its brief on the prior appeal from the denial of summary judgment, plaintiff argued that it was entitled to statutory interest at the rate of 9%. Although this Court did not specifically address this issue in the prior decision, as indicated, we considered all of the parties’ arguments. We modified the order appealed from to the extent of granting plaintiff summary judgment and found plaintiff’s additional arguments unavailing (American Guar. & Liab. Ins. Co. v CNA Reins. Co., 16 AD3d 154, 155 [2005]). Plaintiff is therefore barred from relitigating the issue of its entitlement to statutory interest by the doctrine of the law of the case (cf. Hass & Gottlieb v Sook Hi Lee, 11 AD3d 230 [2004]). Concur—Mazzarelli, J.E, Friedman, Williams, McGuire and Malone, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Herman Cahn, J.), entered June 13, 2006, which denied plaintiffs motion for statutory interest on the amounts previously awarded for indemnification and defense costs in the underlying personal injury action, unanimously affirmed, without costs.

The issue raised by plaintiff regarding whether or not it was entitled to statutory interest on the amount it recovered in this litigation as well as interest on the amount it paid for defense costs, was previously determined by this Court.

In its brief on the prior appeal from the denial of summary judgment, plaintiff argued that it was entitled to statutory interest at the rate of 9%. Although this Court did not specifically address this issue in the prior decision, as indicated, we considered all of the parties’ arguments. We modified the order appealed from to the extent of granting plaintiff summary judgment and found plaintiff’s additional arguments unavailing (American Guar. & Liab. Ins. Co. v CNA Reins. Co., 16 AD3d 154, 155 [2005]). Plaintiff is therefore barred from relitigating the issue of its entitlement to statutory interest by the doctrine of the law of the case (cf. Hass & Gottlieb v Sook Hi Lee, 11 AD3d 230 [2004]). Concur—Mazzarelli, J.E, Friedman, Williams, McGuire and Malone, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

42 A.D.3d 338, 839 N.Y.S.2d 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-guarantee-liability-insurance-v-cna-reinsurance-co-nyappdiv-2007.

Opinion

Related

Cite This Page — Counsel Stack