Legal Opinion
Denio v. State of New York
New York Court of Appeals
Decided June 8, 2006PublishedCited by 26 opinions
POINTS OF COUNSEL
1Opinion of the Court
*163OPINION OF THE COURT
Graffeo, J.
The issue in this personal injury case is whether the Court of Claims erred by applying a nine percent rate — the maximum rate allowed under State Finance Law § 16 — for prejudgment and postjudgment interest against the State of New York. We conclude that the Court of Claims did not abuse its discretion and therefore affirm.
In 1992, Sarah J. Denio sustained serious personal injuries in a motor vehicle accident that occurred in Niagara County. Her car was struck by a vehicle driven by Eric B. Poler, who lost control of his automobile on a wet roadway. Denio…
2Cases cited12 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- FMC Corp. v. UnmackNew York Court of Appeals · 1998
- Love v. State of New YorkNew York Court of Appeals · 1991
- Humphrey v. StateNew York Court of Appeals · 1983
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Abir v. Malky, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Van Nostrand v. FroehlichAppellate Division of the Supreme Court of the State of New York · 2007
- Marini v. AdamoDistrict Court, E.D. New York · 2014
- Dubec v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
- Kowalsky v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2016
21 more not listed; retrieve them via the Exa API.