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WESTINGHOUSE CREDIT CORP. v. D'URSO

Docket Nos. 03-7368(L), 03-7374(CON).

371 F.3d 96 (2004)

WESTINGHOUSE CREDIT CORPORATION n/k/a CBS Corporation, Petitioner-Appellant, Westinghouse Electric Corporation, Bankruptcy-Movant-Appellant, v. Florence B. D'URSO, Trustee, as successor to Florence B. D'Urso, Executrix under the Last Will and Testament of Camillo Durso, deceased, Respondent-Appellee, Durso Supermarkets, Inc., Debtor, Chemical Bank, Defendant.

United States Court of Appeals, Second Circuit.

Decided June 8, 2004.

Attorney(s) appearing for the Case

John I. Karesh, New York, New York (John H. Eickemeyer, Dana H. Hoffman, Vedder, Price, Kaufman & Kammholz, P.C., New York, New York, of counsel), for Appellants.

Richard H. Dolan, New York, New York (Bennette D. Kramer, Schlam Stone & Dolan, LLP, New York, New York, of counsel), for Appellee.

Before: CARDAMONE, SACK, and JOHN R. GIBSON, Circuit Judges.

CARDAMONE, Circuit Judge.

This appeal concerns the calculation of interest. Crucial to its resolution in this case is fixing when the event takes place that separates pre-judgment from post-judgment time periods. The demarcation between the two periods occurs when a meaningful judgment is entered. The time when an event happens is important ordinarily because of the consequences that flow from it. When a meaningful judgment was entered has significance on this appeal...

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