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RAGINS v. HOSPITALS INS. CO., INC.

No. 234

22 N.Y.3d 1019 (2013)

4 N.E.3d 941

981 N.Y.S.2d 640

2013 NY Slip Op 8374

HERZL RAGINS, Appellant, v. HOSPITALS INSURANCE COMPANY, INC., et al., Respondents.

Court of Appeals of New York.

Decided December 17, 2013.

Attorney(s) appearing for the Case

Silverson, Pareres & Lombardi, LLP, New York City ( Joseph T. Pareres of counsel), for appellant.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success ( Christopher Simone of counsel), for respondents.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to that court for consideration of issues raised but not determined on the appeal to that court.

Plaintiff brought this action for breach of an insurance contract, asserting that defendants Hospitals Insurance Company and HANYS Insurance Company (collectively HIC) must pay interest on a $1,100,000 medical malpractice judgment against plaintiff...

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