RODRIGUEZ v. KALATA

100718/16. Appeal No. 12562. Case No. 2019-03508.

189 A.D.3d 489 (2020)

133 N.Y.S.3d 787

2020 NY Slip Op 07324

Evelyn Rodriguez, Respondent, v. Joseph Kalata et al., Appellants.

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

Decided December 8, 2020.


Attorney(s) appearing for the Case

Michael J. Good , Brooklyn, for appellants.

Michael Stepper , New York, for respondent.

Concur—Acosta, P.J., Gische, Oing, González, Kennedy, JJ.


Having been awarded treble damages, plaintiff is not entitled to prejudgment interest (Grady v Hessert Realty L.P., 178 A.D.3d 401, 405 [1st Dept 2019], citing Mohassel v Fenwick, 5 N.Y.3d 44, 50 [2005]).

Defendants' evidentiary arguments and arguments based on Matter of Regina Metro. Co., LLC v New York State Div. of Hous. & Community Renewal (35 N.Y.3d 332 [2020]) are foreclosed by the collateral estoppel...

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