Denio v. State of New York

*172Read and R.S. Smith, JJ.

(dissenting in part). The majority’s opinion is wrong in several ways. First, it is wrong because it confuses two different things — a reasonable rate of interest and a reasonable return on investment. Under the statute, claimant is entitled to the former, subject to a 9% limitation. The majority reads it as though she were entitled to the latter, subject to the same limitation. The majority’s misreading of the statute to authorize awards based on stock market rates of return leads into complexities and contradictions that, we fear, will in practice be resolved by…