HAYMES v. HAYMES


298 A.D.2d 117 (2002)

748 N.Y.S.2d 542

GAIL L. HAYMES, Appellant-Respondent, v. STEPHEN D. HAYMES, Respondent-Appellant.

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

Decided October 1, 2002.


Supreme Court did not improvidently exercise its discretion in declining to award prejudgment interest. Plaintiff, while conceding that prejudgment interest is discretionary, argues that it is mandated because courts "routinely" award it for the loss of use of property pursuant to CPLR 5001. She reasons that the failure to grant prejudgment interest in this case is therefore an abuse of discretion.

This argument is both circular and without merit. The equitable distribution...

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