Legal Opinion · Concurrence

Love v. State

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

Decided November 16, 1990No. Claim No. 72821Published

1Concurrence

Pine, J. (concurring).

I concur in the holding that plaintiff, who had no responsibility for the delay between the determinations of liability and damages in this bifurcated trial, is entitled to interest from the date of the liability determination. However, for the reasons that follow, I cannot agree with the majority that interest should ordinarily be awarded from the date of the liability determination in a bifurcated trial, regardless of responsibility for any delay. Indeed, I see no reason for the majority to extend its interpretation of the law on this issue beyond the facts present in…

2Cases cited8 opinions

  1. Trimboli v. Scarpaci Funeral Home, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
  2. Trimboli v. Scarpaci Funeral Home, Inc.New York Court of Appeals · 1972
  3. Hogan v. . Board of EducationNew York Court of Appeals · 1911
  4. Malkin v. WrightAppellate Division of the Supreme Court of the State of New York · 1978
  5. Zegman v. StateNew York Court of Claims · 1979

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