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TOLEDO v. CHRISTO

2280 & M1561, 25092/03.

75 A.D.3d 436 (2010)

903 N.Y.S.2d 741

JOSE LUIS TOLEDO, as Administrator of the Estate of JOAQUIN MARTINEZ, Deceased, Respondent, v. IGLESIA NI CHRISTO, Appellant.

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

Decided July 6, 2010.

EPTL 5-4.3 provides that "[i]nterest upon the principal sum recovered by the plaintiff from the date of the decedent's death shall be added to . . . the total sum awarded." The statutory term "principal sum" is "simply the discounted sum without any included interest—i.e., discounted to the date of death" (Milbrandt v Green Refractories Co., 79 N.Y.2d 26, 36 [1992]). Where as here, the award of future damages was...

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