Delulio v. 320-57 Corp., 99 A.D.2d 253 (N.Y. App. Div. 1st Dep't 1984). · Go Syfert
Delulio v. 320-57 Corp., 99 A.D.2d 253 (N.Y. App. Div. 1st Dep't 1984). Cases Citing This Book View Copy Cite
41 citation events (8 in the last 25 years) across 9 distinct courts.
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Cited for
472 N.Y.S.2d at 381 Determining interest on compensatory and punitive damages9 citing casesfinding that CPLR § 5001(a) now mandates that interest is recoverable on monetary damages awarded for breach of contract1 citing court put it this way
  • H & P Rsch., INC. v. Liza Realty Corp., 943 F. Supp. 328 (S.D.N.Y. 1996).published
    Prae.L. & R. § 5001(a) (McKinney 1996 Supp.); Axtell v. Kurey, 222 A.D.2d 804 , 634 N.Y.S.2d 847, 849 (3d Dep’t 1995), appeal denied, 88 N.Y.2d 802 , 644 N.Y.S.2d 688 , 667 N.E.2d 338 (1996); Property Owners Ass’n of Harbor Acres, Inc. v.…
  • Indu Craft, Inc. v. Bank Of Baroda, 87 F.3d 614 (2d Cir. 1996).published
    State v. Williams, 140 A.D.2d 836 , 528 N.Y.S.2d 353, 353 (3d Dep't 1988); Delulio v. 320-57 Corp., 99 A.D.2d 253 , 472 N.Y.S.2d 379, 381 (1st Dep't 1984).
  • Indu Craft, Inc. v. Bank of Baroda, 87 F.3d 614 (2d Cir. 1996).published
    State v. Williams, 140 A.D.2d 836 , 528 N.Y.S.2d 353, 353 (3d Dep’t 1988); Delulio v. 320-57 Corp., 99 A.D.2d 253 , 472 N.Y.S.2d 379, 381 (1st Dep’t 1984).
  • In re Jt. E. & S. Districts Asbestos Litig., 798 F. Supp. 940 (S.D.N.Y. 1992).published 2 cites
    See Mallis, 717 F.2d at 694 ; Delulio v. 320-57 Corp., 99 A.D.2d 253 , 472 N.Y.S.2d 379, 381 (1st Dept.1984).
  • Walters v. Sawyer (In Re Sawyer), 130 B.R. 384 (Bankr. E.D.N.Y. 1991).published
    (finding that CPLR § 5001(a) now mandates that interest is recoverable on monetary damages awarded for breach of contract)
  • Novelty Textile Mills, Inc. v. C.T. E., Inc., 743 F. Supp. 212 (S.D.N.Y. 1990).published
    (holding there is no longer any distinction between the right to prejudgment interest on recovery for negligent versus intentional damage to property)
  • In re BROOKLYN NAVY YARD ASBESTOS Litig. (Jt. E. & S. Dist. Asbestos Litig.), 971 F.2d 831 (2d Cir. 1992).published 2 cites
    By statute, New York provides for interest “upon a sum awarded ... because of an act or omission depriving or otherwise interfering with title to, or *852 possession or enjoyment of, property.” N.Y.C.P.L.R. § 5001(a) (McKinney 1963); see D…
  • Mary Beth Montera v. Premier Nutrition Corp., 111 F.4th 1018 (9th Cir. 2024).published
    (declining to award prejudgment interest on punitive)
  • Feel the Heat, Inc. v. Centurion Agency, Inc., 622 F. Supp. 273 (S.D.N.Y. 1985).published 2 cites
    See e.g., Delulio v. 320-57 Corp., 99 A.D.2d 253, 254 , 472 N.Y.S.2d 379, 381 (1st Dep’t 1984); Quintel Corp. v. Citibank, N.A., 606 F.Supp. 898, 913 (S.D.N.Y.1985).
At page 254 nonpayment eviction action. Previous such actions were settled upon plaintiff’s payment of the maintenance charges. The latest eviction proceeding was…1 citing caseopening of page *254 (no citing court says what it cites this page for)
  • BVE Prods., Inc. v. Saar Co., 40 A.D.3d 349 (N.Y. App. Div. 1st Dep't 2007).published
    Since plaintiffs claims are based on alleged interference by Cole and Alta with the use and enjoyment of its property, plaintiff is entitled to prejudgment interest, regardless of whether the recovery is for breach of contract, as a third-…
At page 255 McKinney’s Cons Laws of NY, Book 7B, CPLR 5001, p 524). Punitive damages are intended only to impose punishment on a defendant. Interest on such damages prior…1 citing caseopening of page *255 (no citing court says what it cites this page for)
  • Robert Half Int'l, Inc. v. Jack Valentine, Inc., 157 Misc. 2d 318 (N.Y. City Civ. Ct. 1993).published
    Where there are various accrual dates, the court may select a "single reasonable intermediate date.” (CPLR 5001 [b]; see, Delulio v 320-57 Corp., 99 AD2d 253, 255 [1st Dept 1984].) In this case, there were four bills issued — on April 10,…
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Donata A. Delulio
v.
320-57 Corporation
Appellate Division of the Supreme Court of the State of New York.
Feb 28, 1984.
Published opinion
99 A.D.2d 253
1984 N.Y. App. Div. LEXIS 16547
APPEARANCES OF COUNSEL, Jon F. Kaufman of counsel (Peter Levine with him on the brief; Jon M. Kaufman, P. C., attorney), for appellant., Leon Brickman for respondent.
Fein.
Cited by 32 opinions  |  Published

OPINION OF THE COURT

Fein, J.

Plaintiff suffered damage to her co-operative apartment shortly after she took possession in April, 1976. Her repeated demands of defendant to make necessary repairs since then have been met with intransigence and harassment. On several occasions she withheld her maintenance payments, which only provoked defendant to commence[*254] nonpayment eviction action. Previous such actions were settled upon plaintiff’s payment of the maintenance charges. The latest eviction proceeding was consolidated with plaintiff’s action for damages for breach of warranty of habitability, breach of the lease and negligence. A nonjury trial resulted in a compensatory damage award of $7,500 plus a 5% abatement of monthly maintenance charges for the period August, 1976 through December, 1982, and a punitive damage award of $5,000 to be applied toward repair of the roof above plaintiff’s apartment. As directed by the court, no provision was made in the judgment for prejudgment interest.

CPLR 5001 (subd [a]) provides that interest “shall” be recovered on monetary damages awarded for breach of contract or any act or omission affecting possession or enjoyment of property. This is now a statutory mandate (Kooperman v Picoult, 41 AD2d 980, 981, affd 34 NY2d 604), in derogation of common law (cf. Purcell v Long Is. Daily Press Pub. Co., 9 NY2d 255, 259). Thus, absent reasons to the contrary, a prevailing plaintiff is entitled to such interest as of right (Hillsley v State Bank, 24 AD2d 28, 31). This is regardless of whether the recovery is for breach of contract (Carpenter v Weichert, 51 AD2d 817, 818, mot for lv to app den 39 NY2d 708) or for negligent injury to property (see State Div. of Human Rights v New York State Dept. of Correctional Servs., 90 AD2d 51, 59; Harmon & Regalia v City of New York, 286 App Div 825). The statute further laid to rest any distinction between the right to prejudgment interest on recovery for negligent or intentional damage to property (Buffalo Oil Term, v Kimmins & Sons, 42 Misc 2d 499, affd 23 AD2d 970; cf. De Long Corp. v Morrison-Knudsen Co., 14 NY2d 346, 348, affg 20 AD2d 104).

It follows that plaintiff is entitled to interest as of right whether this action and the award of damages be deemed either for defendant’s breach of contract or lease, or for damage to or interference with plaintiff’s enjoyment of her property.

However, plaintiff is not entitled to interest on the punitive damage award for any period prior to the date of the trial court’s decision (Siegel, Practice Commentary,[*255] McKinney’s Cons Laws of NY, Book 7B, CPLR 5001, p 524). Punitive damages are intended only to impose punishment on a defendant. Interest on such damages prior to verdict or decision is unnecessary to assure full compensation to the injured party. (Legislative Studies and Reports, McKinney’s Cons Laws of NY, Book 7B, CPLR 5001, p 527.)

Interest shall be computed on damages from the date the damages were incurred, and where such damages were incurred at various times, the interest can be computed upon all the damages “from a single reasonable intermediate date” (CPLR 5001, subd [b]). Where difficulty is encountered in fixing a single reasonable intermediate date, due to conjecture as to the precise date of commencement of the loss, the appropriate date from which to compute interest is the date of commencement of the damage action (De Long Corp. v Morrison-Knudsen Co., supra; Temple Beth Sholom v Fitzsimons & Assoc., 42 AD2d 739, 740). Computation of this interest should be based on the fixed monetary awards of damages in the judgment, namely, the $7,500 compensatory damages and the total amount found to be due pursuant to the 5% abatement of monthly maintenance charges as directed by the Trial Judge. The rate of interest to be applied is to be determined by the judgment clerk in accordance with CPLR 5004 (see 7 Doyer St. Realty Corp. v Great Cathay Dev. Corp., 43 AD2d 476; CPLR 5001, subd [c]).

Absent any reason stated by the Trial Judge for denial of costs of the action (CPLR 8101), plaintiff is entitled to such an award as of right (8 Weinstein-Korn-Miller, NY Civ Prac, par 8101.03).

The judgment, Supreme Court, New York County (Eugene R. Wolin, J.), entered April 21, 1983, should be modified, on the law and the facts, with costs to appellant, by granting plaintiff interest on the total amount of the court’s award of compensatory damages only, from the date of commencement of the action (June 8,1979) and interest on the punitive damage award from the date of the trial court’s decision, plus costs and disbursements, and otherwise affirmed.

[*256] Sullivan, J. P., Asch, Bloom and Milonas, JJ., concur.

Judgment, Supreme Court, New 'York County, entered on April 21, 1983, unanimously modified, on the law and the facts, by granting plaintiff interest on the total amount of the court’s award of compensatory damages only, from the date of commencement of the action (June 8,1979) and interest on the punitive damage award from the date of the trial court’s decision, plus costs and disbursements, and otherwise affirmed. Plaintiff-appellant shall recover of defendant-respondent $75 costs and disbursements of this appeal.