Plaintiff Appeals Summary Judgment Awarded to Defendant by Lower Court

In this particular action the plaintiff in the case is appealing an order from the Supreme Court of Nassau County that granted the defendant’s motion for summary judgment on her counterclaim and awarded her the limit of the insurance policy in question. The order denied the plaintiff’s cross motion for summary judgment that declared the liability limit at $100,000. The defendant was awarded the principal sum of $224,892.07.

Case Discussion

In a personal injury action the plaintiff argues that they are only obligated to pay the defendant in the amount of the policy liability limit, without interest. The court finds that the appeal must be dismissed because the right of direct appeal was terminated with the entry of judgment of the action.

The plaintiff argues that the statement of its attorney at the trial of the personal injury action that the policy was offered is insufficient to terminate its obligation to pay interest on the ensuing judgment in that action.

Case Decision

After reviewing the facts of the case the court is ordering that the appeal from the order be dismissed. The judgment will be modified to declare that the plaintiff will now pay the defendant the policy limit plus interest on the full amount of the judgment from the underlying personal injury action. A bill of costs will be awarded to the defendant as well.

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