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DENIO v. STATE OF NEW YORK

7 N.Y.3d 159 (2006)

851 N.E.2d 1153

818 N.Y.S.2d 802

JAMES S. DENIO, as Guardian of the Person and Property of SARAH J. DENIO, Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent.

Court of Appeals of New York.

Decided June 8, 2006.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Michael S. Buskus, Caitlin J. Halligan, Daniel Smirlock and Peter H. Schiff of counsel), for appellant-respondent.

Hogan & Willig, PLLC, Amherst (Colleen E. Buonocore of counsel), for respondent-appellant.

Herzfeld & Rubin, P.C., New York City (David B. Hamm of counsel), for New York City Housing Authority, amicus curiae.

Michael A. Cardozo, Corporation Counsel, New York City (Stephen J. McGrath and Cheryl Payer of counsel), for City of New York, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK and ROSENBLATT concur with Judge GRAFFEO; Judges READ and R.S. SMITH dissent in part in a separate opinion.

OPINION OF THE COURT

GRAFFEO, J.

The issue in this personal injury case is whether the Court of Claims erred by applying a nine percent rate—the maximum rate allowed under State Finance Law § 16—for prejudgment and postjudgment interest against the State of New York. We conclude that the Court of Claims did not abuse its discretion and therefore affirm.

In 1992, Sarah J. Denio sustained...

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