Sciaky v. Rodgers & Hagerty, Inc.

248 A.D. 834, 290 N.Y.S. 29, 1936 N.Y. App. Div. LEXIS 7540

Opinion

In an action for damages for injuries to plaintiff’s buildings resulting from the construction of a subway by defendant Rodgers & Hagerty, Inc., judgment in favor of the plaintiff against that defendant for $4,420.42, damages, interest and costs, upon a verdict of a jury in favor of the plaintiff for the sum of $3,000, modified by reducing the amount of said judgment from $4,420.42 to $3,915.89. As so modified, the judgment and the order denying motion for a new trial are unanimously affirmed, with costs to respondent. We are of opinion that the inclusion in the judgment of interest on the verdict from February 1, 1929, was erroneous; that such interest should have been computed only from November 2, 1931, the date of the commencement of this action; and that the items of the judgment and its total should be only as follows:

Amount of verdict.............................................. $3 ,000 00

Interest thereon from November 2, 1931, to the date of rendition of

verdict, October 25, 1935...................................... 716 34

Interest on $3,716.34 (amount of verdict plus such interest) from

October 25, 1935, to November 23, 1935......................... 17 10

Costs........................................................ 182 45

^ Total judgment............................................. $3 ,915 89

Present — Lazansky, P. J., Young, Carswell, Johnston and Taylor, JJ.