PURCELL v. LONG IS. DAILY PRESS PUB. CO.


9 N.Y.2d 255 (1961)

Arthur L. Purcell, as Administrator of The Estate of Della Purcell, Deceased, Respondent, v. Long Island Daily Press Publishing Company, Inc., Appellant.

Court of Appeals of the State of New York.

Decided March 2, 1961.


Attorney(s) appearing for the Case

Sidney Schreiberg for appellant.

C. Joseph Danahy, Joseph P. Devery and Bernard E. Perelson for respondent.

Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE and FOSTER concur with Judge FROESSEL; Judge FULD dissents in part in a separate opinion.


FROESSEL, J.

Plaintiff in this action, upon a jury determination in his favor, recovered damages sustained as the result of a fire in his decedent's building. The trial court, upon motion of counsel after rendition by the jury of their verdict (and absent a prior request that the matter be submitted to the jury), added to the amount awarded interest from the date of the fire, as a matter of right.

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