Van Nostrand v. Froehlich

Spolzino, J. (dissenting).

Prejudgment interest pursuant to CPLR 5002 runs from the date on which “the plaintiffs right to be compensated for the damages he or she sustained becomes fixed in law” (Love v State of New York, 78 NY2d 540, 544 [1991]). The question presented by this appeal is how that date is defined in an action to recover damages for personal injuries that is governed by the Comprehensive Motor Vehicle Insurance Reparations Act (Insurance Law art 51), commonly known as the No-Fault Law. In such a case, as I see it, the plaintiffs entitlement to damages cannot be considered to be…