Order unanimously reversed on the law without costs and motion denied.
Memorandum:
Supreme Court erred by reducing the judgment to eliminate interest assessed on the future damages. The statute (EPTL 5-4.3 [a]) clearly provides that "[i]nterest upon the principal sum recovered by the plaintiff from the date of the decedent's death shall be added to and be a part of the total sum awarded." The plain meaning of the statute provides for interest on the "principal...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
