Judge Michael Ciaffa
This 10-year-old case was severely delayed by the death of provider North Queens Medical PC’s sole shareholder, and insurer State Farm was “stymied in its efforts to obtain a final resolution of the claim.” The court noted insurer could seek dismissal under CPLR 1021 by showing representatives of decedent’s estate failed to obtain de facto authority to pursue the PC’s claims within a reasonable time after the doctor’s death. It could also request an order retroactively denying provider’s right to obtain statutory interest on the claim. The court found that despite the years an administrator has not yet been appointed to manage decedent’s estate. Yet, the court denied insurer’s motion to dismiss under §1021 in the absence of more detailed information regarding the current status of efforts by the Surrogate to appoint a public administrator to oversee decedent’s estate. It also stayed all proceedings in the action until such time as an administrator was appointed. However, in the absence of proof of diligent efforts by the PC’s attorney to move the matter forward, the court concluded it would be unfair and prejudicial to insurer to permit the PC’s no-fault claim to accrue 10 year’s worth of interest. It ruled a retroactive toll of no-fault interest was necessary and appropriate.
