Mendelson v. Empire Associates Realty Co.

Plaintiffs motion to “clarify” is properly deemed one to reargue, the denial of which is not appealable. Were we to consider the merits, we would affirm on the same grounds as we affirm the balance of the order on appeal.

In a prior order (278 AD2d 40 [2000]), we affirmed the striking of an award of treble damages, but also agreed not to vacate the award of interest to plaintiff. In the present appeal, we consider whether the court improvidently limited the amount of prejudgment interest plaintiff could recover due to delay in entering the corrected judgment, namely, to the period between the…