Hudson v. Manhattan & Bronx Surface Transit Operating Authority

Judgment, Supreme Court, New York County (Ira Gammerman, J., and a jury), entered February 25, 1991, in favor of plaintiff and against defendants, unanimously modified on the law, without costs, to vacate the award of interest on damages, and the matter remanded for a recomputation of interest on damages in accordance with Milbrandt v Green Refractories Co. (79 NY2d 26).

We agree with the IAS Court that the failure of defendants Manhattan and Bronx Surface Transit Operating Authority and Vasquez to retain an expert medical witness until the eve of trial was the result of their failure to…