In re the Arbitration between CNA Insurance Companies & Grandstaff

Appellate Division of the Supreme Court of New York

In re the Arbitration between CNA Insurance Companies & Grandstaff

211 A.D.2d 676, 622 N.Y.S.2d 459

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

DecidedJanuary 17, 1995

StatusPublished

This text of 211 A.D.2d 676 (In re the Arbitration between CNA Insurance Companies & Grandstaff) 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.

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In re the Arbitration between CNA Insurance Companies & Grandstaff, 211 A.D.2d 676, 622 N.Y.S.2d 459 (N.Y. Ct. App. 1995).

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Opinion

In a proceeding pursuant to CPLR 7503 to stay arbitration, Catherine Grandstaff appeals from so much of an order of the Supreme Court, Rockland County (Lefkowitz, J.), dated November 8, 1993, as determined, upon confirming the award, that the interest payable to her was to be computed as of the date of the award.

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

The provision of CPLR 5001 (b) which authorizes the computation of interest "from the earliest ascertainable date the cause of action existed” in actions to recover damages for breach of contract is inapplicable to the underlying action, which was to recover damages for personal injuries (see, Love v State of New York, 78 NY2d 540, 542). Miller, J. P., O’Brien, Thompson, Santucci and Joy, JJ., concur.

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In a proceeding pursuant to CPLR 7503 to stay arbitration, Catherine Grandstaff appeals from so much of an order of the Supreme Court, Rockland County (Lefkowitz, J.), dated November 8, 1993, as determined, upon confirming the award, that the interest payable to her was to be computed as of the date of the award.

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

The provision of CPLR 5001 (b) which authorizes the computation of interest "from the earliest ascertainable date the cause of action existed” in actions to recover damages for breach of contract is inapplicable to the underlying action, which was to recover damages for personal injuries (see, Love v State of New York, 78 NY2d 540, 542). Miller, J. P., O’Brien, Thompson, Santucci and Joy, JJ., concur.

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211 A.D.2d 676, 622 N.Y.S.2d 459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-cna-insurance-companies-grandstaff-nyappdiv-1995.

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