NEW YORK WATER SERV. CORP. v. SUPERVISOR OF TOWN OF HEMPSTEAD

2018-09006. Index No. 6348/11.

189 A.D.3d 1600 (2020)

135 N.Y.S.3d 277

2020 NY Slip Op 08069

New York Water Service Corporation, Appellant-Respondent, v. Supervisor of Town of Hempstead et al., Respondents-Appellants. (And a Third-Party Action.)

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

Decided December 30, 2020.


Attorney(s) appearing for the Case

Cullen and Dykman LLP, Garden City, NY ( Jennifer A. McLaughlin , Karen I. Levin , and Ariel E. Ronneburger of counsel), for appellant-respondent.

Jaspan Schlesinger LLP, Garden City, NY ( Andrew M. Mahony and Christopher E. Vatter of counsel), for respondents-appellants.

Dillon, J.P., LaSalle, Barros and Christopher, JJ., concur.


Ordered that the judgment is reversed insofar as appealed from, on the law, and the plaintiff is awarded prejudgment interest at the statutory rate of 9% annually; and it is further,

Ordered that the judgment is affirmed insofar as cross-appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

Pursuant to General Municipal Law § 3-a(1), prejudgment interest on an award against a municipality is limited to a...

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