LOVE v. STATE OF NEW YORK


78 N.Y.2d 540 (1991)

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

Court of Appeals of the State of New York.

Decided November 26, 1991.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Michael S. Buskus, O. Peter Sherwood and Peter H. Schiff of counsel), for appellant.

Irwin Birnbaum for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur.


TITONE, J.

The question presented on this appeal is whether the claimant in this bifurcated personal injury action against the State was properly awarded prejudgment interest from the date of the decision establishing liability, rather than the date of the decision fixing damages, even though the State was not responsible for the extended delay in the assessment of damages. For the reasons that follow, we conclude...

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