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FLORES v. CITIZENS INT'L BANK

225 A.D.2d 414 (1996)

640 N.Y.S.2d 746

Edilio Flores et al., Appellants, v. Citizens International Bank, Respondent

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

March 19, 1996

Since the jury was instructed to consider interest in its deliberations as to damages and the verdict was in excess of the loan principal, the trial court properly found plaintiffs were not entitled to prejudgment interest (see, Men's World Outlet v Estate of Steinberg, 101 A.D.2d 854; 5 Weinstein-Korn-Miller, NY Civ Prac ¶ 5001.14). We agree with the trial court that, in view of the evidence presented, the jury could...

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