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MCGALE v. METRO. TRANSP

97 Misc.2d 20 (1978)

Ann McGale, Individually and as Administratrix of The Estate of Raymond McGale, Deceased, Plaintiff, v. Metropolitan Transportation Authority et al., Defendants. Metropolitan Transportation Authority et al., Third-Party Plaintiffs, v. Allied Maintenance Corporation et al., Third-Party Defendants.

Supreme Court, Special Term, New York County.

October 16, 1978

Attorney(s) appearing for the Case

Fuchsberg & Fuchsberg (Robert Ginsberg of counsel), for plaintiff. Griffin Scully & Savona (John Downing of counsel), for Metropolitan Transportation Authority and another, defendants and third-party plaintiffs. Alphonse E. D'Ambrose and Sam Zelensky for New York City Transit Authority, defendant. Paul J. Donnelly for John Romanewicz and others, defendants. Richard Godosky for Union News Company, defendant. Morris, Duffy, Ivone & Jensen (Thomas Definna of counsel), for Allied Maintenance Corporation, third-party defendant.

HARRY T. NUSBAUM, J.

After verdict for the plaintiff in this death action, a question has been raised concerning the proper rate of interest to be charged on items of damages for which interest is allowable under EPTL 5-4.3 from the date of the decedent's death to the entry of judgment. The plaintiff and the defendants agree that the starting point for any discussion on the issue is subdivision 5 of section 1276...

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