Miller v. Manhattan & Bronx Surface Transit Operating Authority

Appellate Division of the Supreme Court of New York

Miller v. Manhattan & Bronx Surface Transit Operating Authority

120 A.D.2d 471, 502 N.Y.S.2d 950, 1986 N.Y. App. Div. LEXIS 56545

Appellate Division of the Supreme Court of the State of New York·Decided May 29, 1986·Published·Cited by 1 cases

Opinion

— Judgment, Supreme Court, New York County (White, J.), entered April 16, 1985, after a jury trial, upon a verdict in favor of plaintiff-respondent in the sum of $550,000 on the first cause of action for wrongful death and in the sum of $25,000 on the second cause of action for conscious pain and suffering, is modified, on the law, to delete so much of the first decretal paragraph as awards plaintiff-respondent the sum of $127,233.33 as interest against both defendants-appellants, and to delete so much of the second decretal paragraph as awards an additional $126,076.89 as interest solely against defendant-appellant Warren, and to remand the judgment to the Clerk of New York County with directions to recompute interest at the rate of 3% per annum against both defendants-appellants from the date of death of Robin Helene Miller, and, as so modified, affirmed, without costs (Public Authorities Law § 1203-a [6]; § 1212 [6]).

The foregoing revision of the interest reward is both warranted and without objection by the plaintiff-respondent. Concur — Kupferman, J. P., Sandler, Ross, Carro and Wallach, JJ.

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— Judgment, Supreme Court, New York County (White, J.), entered April 16, 1985, after a jury trial, upon a verdict in favor of plaintiff-respondent in the sum of $550,000 on the first cause of action for wrongful death and in the sum of $25,000 on the second cause of action for conscious pain and suffering, is modified, on the law, to delete so much of the first decretal paragraph as awards plaintiff-respondent the sum of $127,233.33 as interest against both defendants-appellants, and to delete so much of the second decretal paragraph as awards an additional $126,076.89 as interest solely against defendant-appellant Warren, and to remand the judgment to the Clerk of New York County with directions to recompute interest at the rate of 3% per annum against both defendants-appellants from the date of death of Robin Helene Miller, and, as so modified, affirmed, without costs (Public Authorities Law § 1203-a [6]; § 1212 [6]).

The foregoing revision of the interest reward is both warranted and without objection by the plaintiff-respondent. Concur — Kupferman, J. P., Sandler, Ross, Carro and Wallach, JJ.

Miller v. Manhattan & Bronx Surface Transit Operating Authority, 120 A.D.2d 471, 502 N.Y.S.2d 950, 1986 N.Y. App. Div. LEXIS 56545 (N.Y. Ct. App. 1986).

Pincite

120 A.D.2d 471 (Miller v. Manhattan & Bronx Surface Transit Operating Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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