Legal Opinion
Eschberger v. Consolidated Rail Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 1992PublishedCited by 4 opinions
1Opinion of the Court
— Order insofar as appealed from unanimously reversed on the law without costs and motion granted. Memorandum: State courts may not award prejudgment interest in an action to recover damages under the Federal Employers’ Liability Act (Monessen Southwestern Ry. Co. v Morgan, 486 US 330; see also, Kaiser Aluminum & Chem. Corp. v Bonjorno, 494 US 827). Supreme Court erred, therefore, in denying defendant’s motion to vacate that part of the judgment which awarded interest from the date of verdict to the date of entry of judgment (see, Eschberger v Consolidated Rail Corp., 149 Misc 2d 232).…
2Cases cited3 opinions
- Kaiser Aluminum & Chemical Corp. v. BonjornoSupreme Court of the United States · 1990
- Monessen Southwestern Railway Co. v. MorganSupreme Court of the United States · 1988
- Eschberger v. Consolidated Rail Corp.New York Supreme Court · 1990
3Cited by4 opinions
- Paniccia v. Long Island Rail Road Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Kinworthy v. Soo Line RailroadCourt of Appeals of Minnesota · 2013
- Paniccia v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2004
- Poole v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1992