Legal Opinion
Gillespie v. Great Atlantic & Pacific Tea Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 28, 1966PublishedCited by 7 opinions
1Opinion of the Court
Order of the Supreme Court, Westchester County, dated December 11, 1964, affirmed, without costs. Appeal from judgment dated November 10,1964 has been withdrawn. In our opinion, preverdict interest is not allowable on a verdict for personal injuries, even though the complaint was couched in the form of an action for damages for breach of an implied warranty of fitness for use (West v. L. J. F. Corp., 207 N. Y. S. 2d 715; see, also, CPLR 5001, subd. [a]; McKinney’s Cons. Laws of N. Y., Book 7B, CPLR 5001 and notes thereto; 1950 Report of N. Y. Law Rev. Comm., pp. 108-109; 5…
2Cases cited4 opinions
- Brown v. Godefroy Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1951
- Miller v. Foltis Fisher, Inc.Appellate Terms of the Supreme Court of New York · 1934
- Gillespie v. Great Atlantic & Pacific Tea Co.New York Supreme Court · 1964
- Gellman v. Hotel Corp. of AmericaCivil Court of the City of New York · 1965
3Cited by7 opinions
- In Re BROOKLYN NAVY YARD ASBESTOS LITIGATION (Joint Eastern and Southern District Asbestos Litigation)Court of Appeals for the Second Circuit · 1992
- Frances Schwimmer v. Allstate Insurance CompanyCourt of Appeals for the Second Circuit · 1999
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- In Re Joint Eastern & Southern Districts Asbestos LitigationDistrict Court, S.D. New York · 1992
- Alkinburgh v. GlessingAppellate Division of the Supreme Court of the State of New York · 1997
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