LOVE v. STATE OF NEW YORK


164 A.D.2d 155 (1990)

Leo B. Love, Jr., et al., Respondents, v. State of New York, Appellant. (Claim No. 72821.)

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

November 16, 1990


Attorney(s) appearing for the Case

Hancock & Estabrook (Alan Pierce, John L. Murad, Jr., and Michael A. Oropallo of counsel), for respondent.

Birnbaum & Rojas (Irwin Birnbaum of counsel), for appellants.

DENMAN, J. P., BOOMER and BALIO, JJ., concur with LAWTON, J.; PINE, J., concurs in a separate opinion.


LAWTON, J.

On this appeal the State contends that the Court of Claims' award of interest from the date of the liability determination in this bifurcated trial was error because the State did not cause any delay between the liability determination and the award of damages. A review of the record confirms the contention that the State did not cause delay. Indeed, the principal reason for the interval between the...

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