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SCHMERTZ v. PRESBYTERIAN HOSP. IN THE CITY OF NEW YORK

171 A.D.2d 602 (1991)

Phyllis K. Schmertz, as Administratrix of The Estate of Robert J. Schmertz, Deceased, Respondent, v. Presbyterian Hospital in the City of New York, Appellant, et al., Defendant

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

March 28, 1991

In this wrongful death action, it is undisputed that much of the recovery for wrongful death was attributable to losses not yet sustained on the judgment date. Defendant Presbyterian Hospital maintains that no pre-judgment interest should have been awarded on such future damages, despite the unequivocal language of EPTL 5-4.3.

The Supreme Court properly rejected this argument. EPTL 5-4.3 "provides for interest on the `principal sum recovered' without distinguishing...

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