Legal Opinion
119 Fifth Avenue Corp. v. Berkhout
Civil Court of the City of New York
Decided June 2, 1987PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Richard S. Lane, J.
By my decision herein dated March 18, 1987 (134 Misc 2d 963) defendant was awarded attorney fees pursuant to section 234 of the Real Property Law. In this motion defendant seeks reconsideration to add prejudgment interest.
Surprisingly, a matter of first impression! Perhaps because the amount of section 234 fees is usually relatively small and *774the period of litigation usually relatively short. Here the amount is $13,500 and the litigation lingered on for several years.
Why not? CPLR 5001 (a) commands prejudgment interest in a contract or property action. A…
2Cases cited3 opinions
- Delulio v. 320-57 Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Isaacs v. Incentive Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- 119 Fifth Avenue Corp. v. BerkhoutCivil Court of the City of New York · 1987
3Cited by9 opinions
- Solow Management Corp. v. TangerAppellate Division of the Supreme Court of the State of New York · 2005
- Nestor v. BrittAppellate Division of the Supreme Court of the State of New York · 2000
- Fairbanks Gardens Co. v. GandhiAppellate Terms of the Supreme Court of New York · 1996
- Msibi v. JRD Management Corp.Civil Court of the City of New York · 1992
- Greco v. GSL Enterprises, Inc.Civil Court of the City of New York · 1987
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