On August 06, 2015 a
Party Statement
was filed
involving a dispute between
Country-Wide Insurance Company,
and
Valdan Acupuncture, P.C. A A O Latonya Frazier,
for Article 75 proceedings
in the District Court of New York County.
Preview
(FILED: NEW YORK COUNTY CLERK 0771872017 05:45 PM INDEX NO. 652751/2015
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 07/18/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
wage eee ee een eee eee ence eee eee een eee eee eens
Country-Wide Ins. Co. APPEAL: PRE-ARGUMENT
Plaintiff-Respondent STATEMENT
-against-
INDEX #: 652751/15
Valdan Acupuncture, P.C.
a/a/o Latonya Frazier FILE #: 103.175
Defendant-Appellant
ween eee eee ee ne eee eee eee eens
Defendant, Valdan Acupuncture, P.C. by its attorneys, Gary Tsirelman P.C., hereby provides the
following statement pursuant to 22 N.Y.C.R.R. 600.17:
I Title of the Action:
As set forth in the caption.
II Full Names of the Original Parties in this Action:
As set forth in the caption.
Il Counsel for Plaintiffs-A ppellants:
Gary Tsirelman, P.C.
129 Livingston Street, 2? & 3" Floors
Brooklyn, New York 11201
(718) 438-1200
IV Counsel for Defendants-Respondents:
Jaffe & Koumourdas, LLP
40 Wall Street, 12" Floor
New York, NY 10005
(212) 809-7800
Court and County from which the Appeal is taken:
Supreme Court, New York County
VI Nature and Object of the Action:
Plaintiff Country-Wide Insurance Company petitioned the Supreme Court to vacate a lower
Arbitrator’s Award and Master Arbitration Award. That petition was denied on November
4, 2015. Plaintiff appealed but was unsuccessful.
Thereafter, Defendant attempted to enter judgment; however, its proposed judgment was
amended in ways inconsistent with the amount to which it is properly entitled.
1 of 2
INDEX NO. 652751/2015
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 07/18/2017
VII Result Reached in the Court Below
The Court determined that Defendant is entitled to $3,948.34, “with interest @ 9% per
annum thereon from 1/3/2013 in the sum of $1,593.72 plus attorney’s fee in the sum of
$1,700.00, plus the costs and disbursements in the sum of $615.05 as taxed by the clerk
making a total amount $7,857.11
VIII Grounds for Seeking Appeal:
The Court erred in its determinations of the above amounts. Defendant is entitled to
interest at a rate of 2% per month. The Court also erred in deciding that interest should
begin to accrue from 1/3/2013
Dated: Brooklyn, New York
7/13/2017
Respectfully submitted.
Gary Tsirelman
Appellg ‘ounse, for Defendant-Appellant.
129 ivingston sf. 2" gor
Br6oklyn, Ni Yorks (201
By
Shxs ‘ee, Esq
ll
2 of 2
Document Filed Date
July 18, 2017
Case Filing Date
August 06, 2015
Category
Article 75 proceedings
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(FILED: NEW YORK COUNTY CLERK 0771872017 05:45 PM INDEX NO. 652751/2015 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 07/18/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK wage eee ee een eee eee ence eee eee een eee eee eens Country-Wide Ins. Co. APPEAL: PRE-ARGUMENT Plaintiff-Respondent STATEMENT -against- INDEX #: 652751/15 Valdan Acupuncture, P.C. a/a/o Latonya Frazier FILE #: 103.175 Defendant-Appellant ween eee eee ee ne eee eee eee eens Defendant, Valdan Acupuncture, P.C. by its attorneys, Gary Tsirelman P.C., hereby provides the following statement pursuant to 22 N.Y.C.R.R. 600.17: I Title of the Action: As set forth in the caption. II Full Names of the Original Parties in this Action: As set forth in the caption. Il Counsel for Plaintiffs-A ppellants: Gary Tsirelman, P.C. 129 Livingston Street, 2? & 3" Floors Brooklyn, New York 11201 (718) 438-1200 IV Counsel for Defendants-Respondents: Jaffe & Koumourdas, LLP 40 Wall Street, 12" Floor New York, NY 10005 (212) 809-7800 Court and County from which the Appeal is taken: Supreme Court, New York County VI Nature and Object of the Action: Plaintiff Country-Wide Insurance Company petitioned the Supreme Court to vacate a lower Arbitrator’s Award and Master Arbitration Award. That petition was denied on November 4, 2015. Plaintiff appealed but was unsuccessful. Thereafter, Defendant attempted to enter judgment; however, its proposed judgment was amended in ways inconsistent with the amount to which it is properly entitled. 1 of 2 INDEX NO. 652751/2015 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 07/18/2017 VII Result Reached in the Court Below The Court determined that Defendant is entitled to $3,948.34, “with interest @ 9% per annum thereon from 1/3/2013 in the sum of $1,593.72 plus attorney’s fee in the sum of $1,700.00, plus the costs and disbursements in the sum of $615.05 as taxed by the clerk making a total amount $7,857.11 VIII Grounds for Seeking Appeal: The Court erred in its determinations of the above amounts. Defendant is entitled to interest at a rate of 2% per month. The Court also erred in deciding that interest should begin to accrue from 1/3/2013 Dated: Brooklyn, New York 7/13/2017 Respectfully submitted. Gary Tsirelman Appellg ‘ounse, for Defendant-Appellant. 129 ivingston sf. 2" gor Br6oklyn, Ni Yorks (201 By Shxs ‘ee, Esq ll 2 of 2