Iaizzo v. Gerard

Appellate Division of the Supreme Court of New York

Iaizzo v. Gerard

210 A.D.2d 204, 620 N.Y.S.2d 266

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

DecidedDecember 5, 1994

StatusPublished

This text of 210 A.D.2d 204 (Iaizzo v. Gerard) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Iaizzo v. Gerard, 210 A.D.2d 204, 620 N.Y.S.2d 266 (N.Y. Ct. App. 1994).

Pincite

Opinion

—In an action for a judgment declaring the fair market value of shares of a cooperative apartment owned by the parties, the defendant appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Lonschein, J.), dated April 27, 1993, as, after a nonjury trial, awarded prejudgment interest to the plaintiff.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

We agree with the trial court that the defendant breached the parties’ separation agreement. Thus, the plaintiff is entitled to prejudgement interest on the entire award as a matter of right (see, Sinclair v Wieder, 48 AD2d 866). Furthermore, the trial court correctly computed the interest from the date by which the marital premises had to be sold (see, CPLR 5001 [b]; Silvester v Silvestrelli, 204 AD2d 427).

The defendant’s remaining contention is without merit. Copertino, J. P., Pizzuto, Santucci and Florio, JJ., concur.

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—In an action for a judgment declaring the fair market value of shares of a cooperative apartment owned by the parties, the defendant appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Lonschein, J.), dated April 27, 1993, as, after a nonjury trial, awarded prejudgment interest to the plaintiff.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

We agree with the trial court that the defendant breached the parties’ separation agreement. Thus, the plaintiff is entitled to prejudgement interest on the entire award as a matter of right (see, Sinclair v Wieder, 48 AD2d 866). Furthermore, the trial court correctly computed the interest from the date by which the marital premises had to be sold (see, CPLR 5001 [b]; Silvester v Silvestrelli, 204 AD2d 427).

The defendant’s remaining contention is without merit. Copertino, J. P., Pizzuto, Santucci and Florio, JJ., concur.

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Bluebook (online)

210 A.D.2d 204, 620 N.Y.S.2d 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iaizzo-v-gerard-nyappdiv-1994.

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