FILED: NEW YORK COUNTY CLERK 04/16/2019 10:09 AM
`NYSCEF DOC. NO. 344
`
`INDEX NO. 151277/2015
`
`RECEIVED NYSCEF: 04/16/2019
`
`SUPREME
`COUNTY
`
`OF THE STATE
`COURT
`OF NEW YORK
`
`OF NEW YORK
`
`HANOVER
`INSURANCE
`LLC
`HUMAN,
`A/S/O
`
`COMPANY
`
`Index
`
`No.
`
`151277/2015
`
`Plaintiff,
`
`-against-
`
`AIR
`EFFICIENT
`LLC
`BASHERT,
`and SEAVIEW
`INC.
`COMPANY,
`INC.
`
`and
`INC.
`ITS
`SOLUTIONS,
`NEW YORK,
`SENSES
`D/B/A
`AIR
`CONDITIONING
`
`Defendants.
`
`PLAINTIFF'S
`SUPPORT
`JUDGMENT
`
`AFFIRMATION
`OF PROPOSED
`
`IN
`
`PLAINTIFF'S
`
`AFFIRMATION
`
`IN SUPPORT
`
`OF PROPOSED
`
`JUDGMENT
`
`Vlad
`
`Kushnir,
`
`Esq.,
`
`an
`
`attorney
`
`duly
`
`licensed
`
`to
`
`practice
`
`law
`
`in
`
`the
`
`State
`
`of New York,
`
`hereby
`
`affirms
`
`the
`
`following
`
`to
`
`be true
`
`under
`
`the
`
`penalties
`
`of
`
`perjury:
`
`Plaintiff,
`
`1.
`
`2.
`
`am a
`
`I
`
`partner
`
`with
`
`the
`
`law
`
`firm
`
`of VB KUSHNIR,
`
`LLC,
`
`attorneys
`
`for
`
`the
`
`and
`
`I am fully
`
`fa-llis
`
`with
`
`the
`
`facts
`
`and
`
`circumstsñces
`
`surrcüñding
`
`this
`
`matter.
`
`I
`
`respectfully
`
`submit
`
`this
`
`Affirmation
`
`in
`
`support
`
`of
`
`Proposed
`
`Judgment.
`
`damage
`
`from
`
`occurred
`
`on
`
`3.
`
`This
`
`is
`
`a property
`
`matter
`
`arising
`
`a fire
`
`that
`
`February
`
`11,
`
`2013.
`
`Exhibit
`
`1 hereto
`
`is
`
`a true
`
`and
`
`correct
`
`copy
`
`of
`
`Plaintiff's
`
`First
`
`Amanded
`
`Complai-t.
`
`4.
`
`This
`
`matter
`
`was
`
`tried
`
`before
`
`Honorable
`
`Katheryn
`
`E.
`
`Freed
`
`on December
`
`6,
`
`7,
`
`11,
`
`13
`
`and
`
`12,
`
`14,
`
`2018.
`
`5.
`
`On
`
`December
`
`14,
`
`2018,
`
`the
`
`jury
`
`returned
`
`a ±menimous
`
`verdict
`
`in
`
`the
`
`sum
`
`of
`
`$350,000.001
`
`in
`
`Plaintiff's
`
`favor
`
`and
`
`against
`
`Defendant
`
`Efficient
`
`Air
`
`Solutions,
`
`Inc.
`
`See
`
`Extract
`
`attached
`
`as Exhibit
`
`2 hereto.
`
`I On December
`6, 2018,
`Plaintiff's
`damages.
`
`in
`
`lieu
`
`of
`
`a damages
`
`trial,
`
`the
`
`parties
`
`sdpulated
`
`that
`
`$350,0%
`
`m) was
`
`the
`
`total
`
`value
`
`of
`
`1 of 3
`
`

`

`FILED: NEW YORK COUNTY CLERK 04/16/2019 10:09 AM
`NYSCEF DOC. NO. 344
`
`INDEX NO. 151277/2015
`
`RECEIVED NYSCEF: 04/16/2019
`
`6.
`
`NY CPLR § 5001 provides as follows (in pertinent part):
`
`(a) Actions in which recoverable. Interest shall be recovered upon a sum awarded
`because of a breach of performance of a contract, or because of an act or omission
`depriving or otherwise interfering with title to, or possession or enjoyment of,
`property, except that in an action of an equitable nature, interest and the rate and
`date from which it shall be computed shall be in the court’s discretion.
`
`(b) Date from which computed. Interest shall be computed from the earliest
`ascertainable date the cause of action existed, except that interest upon damages
`incurred thereafter shall be computed from the date incurred. Where such
`damages were incurred at various times, interest shall be computed upon each
`item from the date it was incurred or upon all of the damages from a single
`reasonable intermediate date.
`
`
`
`
`
`
`7.
`
`NY CPLR § 5001 applies in the instant matter because this is a property damage
`
`case.
`
`8.
`
`Therefore, pursuant to NY CPLR § 5001, Plaintiff is entitled to pre-verdict
`
`interest during the period between the date of the fire (February 11, 2013)2 and the date of the
`
`verdict (December 14, 2018).
`
`9.
`
`The time period described in the preceding Paragraph consists of 5 years and 307
`
`days.
`
`10.
`
`11.
`
`12.
`
`Pursuant to NY CPLR § 5004, the applicable rate of interest is 9% per year.
`
`9% of $350,000.00 is $31,500.00 per year, or $86.303 per day.
`
`Therefore, pursuant to NY CPLR § 5001, Plaintiff is entitled to $183,994.00 in
`
`pre-verdict interest.4
`
`
`2 Upon information and belief, there is no dispute that, for the purpose of NY CPLR 5001, February 11, 2013 (the
`date of the fire) is the earliest ascertainable date Plaintiff’s cause of action existed.
`
`3 $31,500.00/365 = $86.30.
`
`4 The calculation is as follows: (1) 5 years X $31,500.00 per year = $157,500.00; plus (2) 307 days X $86.30 per day
`= $26,494.00.
`
`
`
`
`
`-2-
`
`2 of 3
`
`

`

`FILED: NEW YORK COUNTY CLERK 04/16/2019 10:09 AM
`NYSCEF DOC. NO. 344
`
`INDEX NO. 151277/2015
`
`RECEIVED NYSCEF: 04/16/2019
`
`
`
`13.
`
`NY CPLR § 5002 provides as follows:
`
`Interest shall be recovered upon the total sum awarded, including interest to verdict,
`report or decision, in any action, from the date the verdict was rendered or the report or
`decision was made to the date of entry of final judgment. The amount of interest shall be
`computed by the clerk of the court and included in the judgment.
`
`
`14.
`
`Pursuant to NY CPLR § 5004, the rate of interest applicable to NY CPLR § 5002
`
`is also 9% per year.
`
`15.
`
`Therefore, per NY CPLR § 5002, Plaintiff is entitled to $83.30 per day in interest
`
`during the period between December 15, 2018 (the first day after the verdict) and the date the
`
`Court enters the judgment.
`
`16.
`
`Pursuant to NY CPLR § 8201, Plaintiff is entitled to the following costs:
`
`$200.00 for all proceedings before a note of issue is filed; plus
`
`$200.00 for all proceedings after a note of issue is filed and before trial; plus
`
`
`
`$300.00 for each trial, inquest or assessment of damages.
`
`17.
`
`Therefore, Plaintiff is entitled to $700.00 in costs.
`
`WHEREFORE, Plaintiff respectfully asks this Honorable Court to sign the proposed
`
`judgment submitted herewith.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Date: 4/10/19
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` TO: All counsel of record
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`RESPECTFULLY SUBMITTED,
`
`/S/ VKushnir
`_____________________________
`Vlad Kushnir, Esq.
`VB KUSHNIR, LLC
`5 Neshaminy Interplex
`Suite 205
`Trevose, PA 19053
`Counsel for Plaintiff
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`
`
`
`-3-
`
`3 of 3
`
`