Siemens Westinghouse Power Corp. v. Dick Corp.

DECISION AND AMENDED FINAL JUDGMENT

MARRERO, District Judge.

Plaintiff Siemens Westinghouse Power Corporation (“SWPC”) moves under Federal Rule of 59(e) to amend the Court’s judgment of money damages in its favor to also include prejudgment interest. Defendant Dick Corporation (“Dick”) and its sureties respond that the parties contractually excluded consequential damages, including costs of capital, from any potential liability. Because prejudgment interest is mandatory under New York law, and because prejudgment interest is neither a form of consequential damages nor a cost of capital, the…