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Mirand v. City of New York

221 A.D.2d 194, 633 N.Y.S.2d 167, 1995 N.Y. App. Div. LEXIS 11571
Appellate Division of the Supreme Court of the State of New York·Decided November 9, 1995·Published·Cited by 4 cases

Opinion

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered October 4, 1994, which denied defendant’s motion to reduce the interest on the judgment entered July 7, 1994 to a rate of less than 9%, unanimously affirmed, without costs.

While General Municipal Law § 3-a provides for an interest rate not in excess of 9%, CPLR 5004 prohibits a lower rate except where authorized by statute {Carson v New York City Health & Hosps. Corp., 178 AD2d 265). Thus, there is no merit to defendant’s contention that the rate of interest is a discretionary determination that in the instant case should take into account prevailing market rates of interest. Concur— Rosenberger, J. P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.

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Mirand v. City of New York, 221 A.D.2d 194, 633 N.Y.S.2d 167, 1995 N.Y. App. Div. LEXIS 11571 (N.Y. Ct. App. 1995).

221 A.D.2d 194 (Mirand v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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