New York Court of Appeals Roundup: Unresolved Split–the Accrual of Prejudgment Interest in No-Fault Automobile Actions
01.22.25
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In their column in the New York Law Journal, Litigation Partners Bill Russell and Linton Mann III analyzed the recent Court of Appeals decision in Sabine v. State of New York. The decision addressed the issue of the point at which a personal injury action accrues under New York’s no fault insurance regime for purposes of the imposition of prejudgment interest. A four judge majority of the Court found that the issue had not been preserved for appeal and did not reach the substantive merits. Three dissenting judges, however, did consider the issue and would calculate prejudgment interest in a bifurcated no-fault automobile action as of the date that liability is first determined rather than as of a later date on which a final judgment is entered determining the quantum of damages.
To read the full article, please click here.