McGale v. Metropolitan Transportation Authority

OPINION OF THE COURT

Harry T. Nusbaum, J.

After verdict for the plaintiff in this death action, a question has been raised concerning the proper rate of interest to be charged on items of damages for which interest is allowable under EPTL 5-4.3 from the date of the decedent’s death to the entry of judgment. The plaintiff and the defendants agree that the starting point for any discussion on the issue is subdivision 5 of section 1276 of the Public Authorities Law, but their thinking diverges thereafter.

Additionally, the plaintiff has asked the court to determine whether interest runs from the…