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BRUSHTON-MOIRA CENT v. THOMAS

91 N.Y.2d 256 (1998)

692 N.E.2d 551

669 N.Y.S.2d 520

Brushton-Moira Central School District, Respondent, v. Fred H. Thomas Associates, P. C., Appellant.

Court of Appeals of the State of New York.

Decided February 19, 1998.

Attorney(s) appearing for the Case

Sugarman, Wallace, Manheim & Schoenwald, L. L. P., Syracuse (Timothy J. Perry of counsel), for appellant.

John A. Piasecki, Malone, and Cynthia Feathers, Saratoga Springs, for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH and WESLEY concur; Judge LEVINE taking no part.

CIPARICK, J.

This appeal brings up for review two related issues: the proper date from which breach of contract damages should be measured and whether prejudgment interest was properly awarded from the date of the accrual of plaintiff's cause of action. Settled principles of contract law together with the mandatory language of CPLR 5001 (b) lead us to conclude that damages here should have been measured as of...

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