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EBERT v. NEW YORK CITY HEALTH & HOSPS. CORP.

82 N.Y.2d 863 (1993)

631 N.E.2d 105

609 N.Y.S.2d 163

Gary Ebert, Respondent, v. New York City Health and Hospitals Corporation et al., Appellants.

Court of Appeals of the State of New York.

Decided December 15, 1993.

Attorney(s) appearing for the Case

O. Peter Sherwood, Corporation Counsel of New York City (Kristin M. Helmers, Leonard Koerner and Stephen J. McGrath of counsel), for appellants.

Edelman & Edelman, P. C., Brooklyn (David M. Schuller and Robert J. Berman of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur.

MEMORANDUM.

The judgment of Supreme Court should be modified, without costs, by imposing the 3% interest rate on the judgment, as prescribed in McKinney's Unconsolidated Laws of NY § 7401 (5) and (6) (New York City Health and Hospitals Corporation Act § 20 [5], [6]; L 1969, ch 1016, § 1, as amended) in conjunction with General Municipal Law § 50-k; the judgment and orders otherwise brought up for review...

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