MUSCOLINO v. KEPPEL


17 A.D.2d 776 (1962)

Alfred F. Muscolino, Respondent, v. Anton Keppel et al., Defendants, and Standard Accident Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 4, 1962


Judgment unanimously modified by reducing the item of damages representing interest to interest calculated from October 28, 1959, to date of judgment, and, as so modified, affirmed, with costs to respondent.

Interest as an item of damages began to run against defendant surety from the date when it became obligated to pay on its surety bond. That date was when the arbitrators determined the liability of the principal, namely, October 28, 1959. The award of interest...

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