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VAN NOSTRAND v. FROEHLICH

44 A.D.3d 54 (2007)

844 N.Y.S.2d 293

KAREN L. VAN NOSTRAND, Appellant, v. ROSARIO FROEHLICH et al., Respondents.

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

July 17, 2007.

Attorney(s) appearing for the Case

Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., Mineola (Mark R. Bernstein of counsel), for appellant.

Michael E. Pressman, New York City (Robert H. Fischler of counsel), for respondents.

MILLER, J.P., and KRAUSMAN, J., concur with DILLON, J.; SPOLZINO and FISHER, JJ., dissent and vote to affirm the amended judgment in a separate opinion by SPOLZINO, J.

OPINION OF THE COURT

DILLON, J.

This appeal presents the issue of when prejudgment interest is to be computed under CPLR 5002 in an automobile-related personal injury action where the serious injury threshold is an issue. We have not previously discussed at the appellate level the interplay between a plaintiff's entitlement to prejudgment interest under CPLR 5002 and the threshold injury requirements of Insurance Law § 5102 (d). For reasons set forth...

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