Legal Opinion
Brushton-Moira Central School District v. Fred H. Thomas Associates, P. C.
New York Court of Appeals
Decided February 19, 1998PublishedCited by 85 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
This appeal brings up for review two related issues: the proper date from which breach of contract damages should be measured and whether prejudgment interest was properly awarded from the date of the accrual of plaintiff’s cause of action. Settled principles of contract law together with the mandatory language of CPLR 5001 (b) lead us to conclude that damages here should have been measured as of the date of the breach, not the date of trial, and prejudgment interest awarded from the earlier date. Accordingly, we modify the Appellate Division order and remit to…
2Cases cited16 opinions
- Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
- Love v. State of New YorkNew York Court of Appeals · 1991
- Loughry v. Lincoln First Bank, N. A.New York Court of Appeals · 1986
- Simon v. Electrospace Corp.New York Court of Appeals · 1971
- Goodstein Construction Corp. v. City of New YorkNew York Court of Appeals · 1992
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3Cited by85 opinions
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- Mañas v. VMS Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Spodek v. Park Property Development AssociatesNew York Court of Appeals · 2001
- Schwan-Stabilo Cosmetics Gmbh & Co. v. Pacificlink International Corporation and Paul Shieh, Docket No. 04-0645-CvCourt of Appeals for the Second Circuit · 2005
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