Legal Opinion
Pellegrino v. State
New York Court of Claims
Decided November 7, 1986No. Claim No. 67362PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
Is the State’s obligation to pay interest on a judgment waived when claimant declines to accept a payment conditioned on discontinuing her appeal? The issue has been characterized as "novel” by the attorney for the defendant, State of New York.
A judgment of this court was entered on June 21, 1985, in *889favor of claimant, Saveria Pellegrino, for the wrongful death of her husband, Anthony, after an accident on a State highway. Due to the deceased’s culpable conduct, fault was apportioned equally. The amount of the judgment was $450,000, plus accrued…
2Cases cited16 opinions
- Rochester Carting Co. v. LevittNew York Court of Appeals · 1975
- Moscow Fire Insurance Co. of Moscow v. Heckscher & GottliebAppellate Division of the Supreme Court of the State of New York · 1940
- Silverman v. ComptrollerAppellate Division of the Supreme Court of the State of New York · 1972
- Juracka v. FerraraAppellate Division of the Supreme Court of the State of New York · 1986
- Moscow Fire Insurance Co. of Moscow, Russia v. HeckscherNew York Court of Appeals · 1941
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3Cited by4 opinions
- Meiselman v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
- Cohen v. Transcontinental InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
- Allison v. Erie County Industrial Development AgencyNew York Supreme Court · 2007
- Trustees of the North Atlantic States Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds f/k/a Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor, Management Cooperation, Pension and Welfare Funds v. Christopher Dunn d/b/a Commercial Installations Inc.District Court, E.D. New York · 2025