Legal Opinion
Davis v. McDaniel
Civil Court of the City of New York
Decided June 24, 1969PublishedCited by 4 opinions
1Opinion of the CourtEdward Goodell, J.
This application, made by the plaintiff, after the jury had rendered its verdict in his favor in an action for personal injuries and property damage resulting from an automobile accident, seeks the addition of interest to the verdict and the allowance of mileage fees paid to a witness for the plaintiff.
1. CPLR 5001 has eliminated the dispute as to whether interest is recoverable as a matter of right or discretion in cases of negligent injury to property. The dictum in Flamm v. Noble (296 N. Y. 262, 268) has been legislated into law by section 5001 so that the addition of interest to a jury’s…
2Cases cited7 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Flamm v. NobleNew York Court of Appeals · 1947
- McLaughlin v. BrinckerhoffAppellate Division of the Supreme Court of the State of New York · 1928
- Demms v. BlanchardNew York Supreme Court · 1934
- O'Rourke v. Degnon Realty & Terminal Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1910
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3Cited by4 opinions
- Mount Sinai Hospital v. Borg-Warner Corp.District Court, S.D. New York · 1981
- Caldwell v. Cablevision Systems Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Allied Chemical Corp. v. Town of GeddesNew York Supreme Court · 1976
- Engelhart v. Kas Carpets, Inc.New York Supreme Court · 1980