GYABAAH v. RIVLAB TRANSPORTATION CORP.

8818, 307081/10.

170 A.D.3d 616 (2019)

96 N.Y.S.3d 562

2019 NY Slip Op 02417

Adwoa Gyabaah, Appellant, v. Rivlab Transportation Corp. et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 28, 2019.


Defendant Rivlab Transportation Corp.'s insurer's bare offer to pay the policy limit was not a "tender" of the policy for the purposes of stopping the accrual of prejudgment interest under 11 NYCRR 60-1.1 (b). While the policy provides that the insurer will pay interest on a judgment until "we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance," 11 NYCRR 60-1.1 (b) requires the insurer to pay postjudgment interest...

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