Legal Opinion

Van Nostrand v. Froehlich

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

Decided July 17, 2007PublishedCited by 27 opinions

1Opinion of the Court

OPINION OF THE COURT

Dillon, J.

This appeal presents the issue of when prejudgment interest is to be computed under CPLR 5002 in an automobile-related personal injury action where the serious injury threshold is an issue. We have not previously discussed at the appellate level the interplay between a plaintiffs entitlement to prejudgment interest under CPLR 5002 and the threshold injury requirements of Insurance Law § 5102 (d). For reasons set forth below, we find that prejudgment interest is to be calculated from the date common-law liability attaches in favor of the plaintiff, either by…

2Cases cited48 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Licari v. ElliottNew York Court of Appeals · 1982
  3. Pommells v. PerezNew York Court of Appeals · 2005
  4. McDougald v. GarberNew York Court of Appeals · 1989
  5. Spier v. BarkerNew York Court of Appeals · 1974

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3Cited by27 opinions

  1. Breitkopf v. GentileDistrict Court, E.D. New York · 2014
  2. Abbas v. ColeAppellate Division of the Supreme Court of the State of New York · 2007
  3. Crews v. County of NassauDistrict Court, E.D. New York · 2009
  4. Granite Ridge Energy, LLC v. Allianz Global Risk U.S. InsuranceDistrict Court, S.D. New York · 2013
  5. Wade v. Knight Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2017

22 more not listed; retrieve them via the Exa API.

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