Singer v. Town of Tonawanda

Appellate Division of the Supreme Court of New York

Singer v. Town of Tonawanda

270 A.D.2d 962, 705 N.Y.S.2d 546, 2000 N.Y. App. Div. LEXIS 3666

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

DecidedMarch 29, 2000

StatusPublished

Cited by1 cases

This text of 270 A.D.2d 962 (Singer v. Town of Tonawanda) 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

Singer v. Town of Tonawanda, 270 A.D.2d 962, 705 N.Y.S.2d 546, 2000 N.Y. App. Div. LEXIS 3666 (N.Y. Ct. App. 2000).

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Opinion

—Order unanimously reversed on the law with costs and motion denied. Memorandum: Supreme Court erred in granting defendant’s oral motion to toll plaintiffs’ entitlement to statutory prejudgment interest between November 10, 1998 and March 18, 1999. Plaintiffs’ request that the trial on damages be adjourned from November 10, 1998 to March 18, 1999 did not alter the entitlement of plaintiffs to prejudgment interest from the date of entry of the order granting them partial summary judgment on liability (see, Love v State of New York, 78 NY2d 540, 544; see also, Dingle v Prudential Prop. & Cas. Ins. Co., 85 NY2d 657; Hayes v City of New York, 264 AD2d 610). (Appeal from Order of Supreme Court, Erie County, Rath, Jr., J. — Interest.) Present — Pine, J. P., Wisner, Hurlbutt, Kehoe and Lawton, JJ.

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—Order unanimously reversed on the law with costs and motion denied. Memorandum: Supreme Court erred in granting defendant’s oral motion to toll plaintiffs’ entitlement to statutory prejudgment interest between November 10, 1998 and March 18, 1999. Plaintiffs’ request that the trial on damages be adjourned from November 10, 1998 to March 18, 1999 did not alter the entitlement of plaintiffs to prejudgment interest from the date of entry of the order granting them partial summary judgment on liability (see, Love v State of New York, 78 NY2d 540, 544; see also, Dingle v Prudential Prop. & Cas. Ins. Co., 85 NY2d 657; Hayes v City of New York, 264 AD2d 610). (Appeal from Order of Supreme Court, Erie County, Rath, Jr., J. — Interest.) Present — Pine, J. P., Wisner, Hurlbutt, Kehoe and Lawton, JJ.

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Bluebook (online)

270 A.D.2d 962, 705 N.Y.S.2d 546, 2000 N.Y. App. Div. LEXIS 3666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singer-v-town-of-tonawanda-nyappdiv-2000.

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