Legal Opinion
Mount Sinai Hospital v. Borg-Warner Corp.
District Court, S.D. New York
Decided December 3, 1981No. 80 Civ. 3044PublishedCited by 8 opinions
1Opinion of the Court
OPINION
EDWARD WEINFELD, District Judge.
Plaintiffs move to amend a judgment they recovered against the defendant entered upon a jury verdict, to include prejudgment interest from the date of negligent injury to their property, which occurred on June 13, 1977. The damaged property was an air conditioning unit which malfunctioned on that date due to a shaft seal failure. Since this is a diversity action, New York C.P.L.R., section 5001(a) controls the issue of whether interest is recoverable in an action for negligent injury to property. 1 It provides in relevant part:(a) Actions in which…
2Cases cited24 opinions
- Fidelity Union Trust Co. v. FieldSupreme Court of the United States · 1941
- Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
- Flamm v. NobleNew York Court of Appeals · 1947
- J. B. Preston Co. v. FunkhouserNew York Court of Appeals · 1933
- Raymond Spector, Plaintiff-Appellee-Appellant v. Milton E. Mermelstein, Defendant-Appellant-AppelleeCourt of Appeals for the Second Circuit · 1973
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fed. Sec. L. Rep. P 99,479 Samuel Mallis and Franklyn B. Kupferman, Cross-Appellants v. Bankers Trust Company, Cross-AppelleeCourt of Appeals for the Second Circuit · 1983
- Wachs v. WinterDistrict Court, E.D. New York · 1983
- Happy Dack Trading Co., Ltd. v. Agro-Industries, Inc.District Court, S.D. New York · 1984
- Alkinburgh v. GlessingAppellate Division of the Supreme Court of the State of New York · 1997
- Kitson v. Bank of EdwardsvilleDistrict Court, S.D. Illinois · 2006
3 more not listed; retrieve them via the Exa API.