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REPUBLIC OF CROATIA v. TR. OF THE MARQUESS OF NORTHAMPTON 1987 SETTLEMENT

232 A.D.2d 216 (1996)

648 N.Y.S.2d 25

Republic of Croatia, Appellant-Respondent, et al., Plaintiff, v. Trustee of the Marquess of Northampton 1987 Settlement, Respondent-Appellant

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

October 8, 1996

Defendant was properly found to be entitled to damages by virtue of the jury's verdict after trial on the merits in its favor, which necessarily established that plaintiff was not entitled to the injunction against defendant (CPLR 6312 [b]; Preston Corp. v Fabrication Enters., 68 N.Y.2d 397, 405-406). In light of the improper deprivation of the antiquities at issue here, an award of interest is necessary to indemnify defendant for...

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