Huot v. Dworman
New York Supreme Court
1Opinion of the CourtJambs S. Brown, J.
In an action brought in this court under the Florida death statute, defendants move for an order correcting and amending the amount of the judgment entered by eliminating therefrom interest upon the award.
After trial before an Official Referee plaintiff was awarded $40,000 for the death and $2,000 for personal injuries. Upon the mistaken assumption by all the parties that section 132 of the New York State Decedent Estate Law providing for interest in death actions applied, the County Clerk in entering judgment on October 25, 1957 computed interest on the $40,000 award from the date of…
2Cases cited9 opinions
- Herpe v. . HerpeNew York Court of Appeals · 1919
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Kiefer v. Grand Trunk Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Skinner v. OchiltreeSupreme Court of Florida · 1941
- Dowling v. StephanNew York Supreme Court · 1954
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3Cited by4 opinions
- Aetna Casualty & Surety Co. v. Whitestone General HospitalNew York Supreme Court · 1988
- Fehlhaber Corp. v. StateNew York Court of Claims · 1970
- Huot v. DwormanAppellate Division of the Supreme Court of the State of New York · 1959
- South American Exchange v. EPIC Security Corp.Appellate Division of the Supreme Court of the State of New York · 1997