UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------------X THE PHOENIX INSURANCE COMPANY and THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, Plaintiffs, ORDER ADOPTING REPORT AND RECOMMENDATION - against - 2:20-cv-2765 (DRH) (AYS) MINELLI CONSTRUCTION CO. INC., Defendant. ---------------------------------------------------------------X

HURLEY, Senior District Judge: Presently before the Court is the Report and Recommendation of Magistrate Judge Anne Y. Shields, dated June 28, 2021 (the “R&R” [DE 13]), recommending that the Court grant Phoenix Insurance Company (“Phoenix”) and Travelers Indemnity Company of Connecticut’s (“Travelers,” and together with Phoenix, “Plaintiffs”) motion for default judgment and award Plaintiffs $390,579.15 in damages. Judge Shields found that Plaintiffs (1) properly established the elements of their breach of contract claim and (2) demonstrated (a) actual damages in the amount of $352,807.00 for Phoenix and $17,408.01 for Travelers, (b) entitlement to pre-judgment interest through October 14, 2020 (the date on which Plaintiffs filed their motion) in the amount of $19,442.64, with additional interest to be calculated through the date of the judgment at a rate of $91.28 per day, and (c) costs totaling $921.50. More than fourteen (14) days have passed since service of the R&R and no objections have been filed. Pursuant to

(b) and Federal Rule Civil Procedure 72, this Court has reviewed the R&R for clear error. Having found none, the Court concurs in the R&R’s reasoning and result. The Court adds the following: First, the R&R’s recommended pre-judgment interest award is divided

between the parties in proportion with each party’s actual damages award.1 Second, costs are split evenly between the Plaintiffs. Third, post-judgment interest at the federal rate is “mandatory” under

(a) and accrues from the date of the entry of judgment until Defendant has satisfied the judgment. Tru-Art Sign Co. v. Local 137 Sheet Metal Workers Int’l Ass’n,

(2d Cir. 2017). Accordingly, for the reasons stated in Judge Shields’s R&R, IT IS HEREBY ORDERED that Plaintiffs’ motion for default judgment is

granted. Phoenix is awarded (1) actual damages in the amount of $352,807.00, (2) pre-judgment interest through October 14, 2020 in the amount of $18,528.84, with additional interest to be calculated through the date of the judgment at a rate of $86.99 per day, (3) costs in the amount of $460.75 – for a total of $371,796.59, plus per diem interest as specified – and (4) post-judgment interest at the federal rate.

Travelers is awarded (1) actual damages in the amount of $17,408.01, (2) pre-judgment interest through October 14, 2020 in the amount of $913.80, with additional interest to be calculated through the date of the judgment at a rate of $4.29

1 Phoenix’s share ($352,807.00/$370,215.01) of the collective actual damages is 95.30%; Travelers’s share ($17,408.01/$370,215.01) is 4.70%. per day, (3) costs in the amount of $460.75 – for a total of $18,782.56, plus per diem interest as specified – and (4) post-judgment interest at the federal rate. The Clerk of Court is respectfully directed to enter judgment accordingly and

to terminate the action.

SO ORDERED. Dated: Central Islip, New York s/ Denis R. Hurley July 30, 2021 Denis R. Hurley United States District Judge