DiIORIO v. GIBSON & CUSHMAN OF NEW YORK, INC.


167 A.D.2d 267 (1990)

Joseph P. DiIorio, Appellant, v. Gibson & Cushman of New York, Inc., et al., Respondents Joseph P. DiIorio, Appellant-Respondent, v. Gibson & Cushman of New York, Inc., Defendant, and Gibson & Cushman Dredging Corporation, Respondent-Appellant

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

November 20, 1990


As the question of prejudgment interest was not presented to the jury in this maritime personal injury action, the court is without authority to award it. (Pires v Frota Oceanica Brasileira, 161 A.D.2d 129, 132; Havis v Petroleum Helicopters, 664 F.2d 54, 55.) Even without that rule, plaintiff's failure to seek prejudgment interest in connection...

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