Legal Opinion

Mahoney v. Brockbank

Appellate Division of the Supreme Court of the State of New York

Decided July 27, 2016No. 2014-04029PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Balkin, J.

The parties in this personal injury action resolved the issue of liability by stipulation. Almost 2V2 years later, a trial was held on the issue of damages. The issue presented on this appeal is whether, pursuant to CPLR 5002, prejudgment interest on the award should be computed from the date of the jury verdict on the issue of damages, or instead, from the date of the stipulation on the issue of liability. We hold that the Supreme Court correctly computed prejudgment interest from the date of the jury verdict on the issue of damages.

The parties entered into a…

2Cases cited26 opinions

  1. Schicchi v. J. A. Green Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  2. McCoy v. FeinmanNew York Court of Appeals · 2002
  3. Love v. State of New YorkNew York Court of Appeals · 1991
  4. Rohring v. City of Niagara FallsNew York Court of Appeals · 1994
  5. Aurecchione v. New York State Division of Human RightsNew York Court of Appeals · 2002

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3Cited by5 opinions

  1. iGo Mktg. & Entertainment, LLC v. Hartbeat Prods., LLCAppellate Division of the Supreme Court of the State of New York · 2023
  2. Verizon N.Y., Inc. v. Supervisor of Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2020
  3. Emerson Electric Co. v. HolmesDistrict Court, E.D. New York · 2023
  4. McKay Burley and Tyson Thomas v. Charles J. ChapmanDistrict Court, N.D. New York · 2026
  5. Nicholas Wiley v. Mesa Underwriters Specialty Insurance CompanyDistrict Court, N.D. New York · 2026

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