Hanover Data Services, Inc. v. Arcata National Corp.
Cases that cite this one
9 later published cases cite this decision.
- Surfside Solutions Inc. v. DNA Tech Inc. (New York Supreme Court, New York County 2025)
- Colonial Sur. Co. v. Lotus Global Trucking, Inc. (New York Supreme Court, New York County 2025)
- DeGraw Constr. Group, Inc. v. HPDC2 Hous. Dev. Fund Co., Inc. (Appellate Division of the Supreme Court of New York 2020)
- Maurice Kassimir & Assoc., P.C. v. Omri (Appellate Division of the Supreme Court of New York 2020)
- Maurice Kassimir & Assoc., P.C. v. Omri (Appellate Division of the Supreme Court of New York 2020)
- Danka Office Imaging Co. v. General Business Supply, Inc. (Appellate Division of the Supreme Court of New York 2003)
- 23/23 Communications Corp. v. General Motors Corp. (Appellate Division of the Supreme Court of New York 1999)
- 23/23 Communications Corp. v. General Motors Corp. (Appellate Division of the Supreme Court of New York 1999)
- Sherbansky v. 117 West 81st Street Tenants Corp. (Appellate Division of the Supreme Court of New York 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment, Supreme Court, New York County (Alvin F. Klein, J.), entered February 8, 1985, which, inter alia, awarded damages to plaintiff in the sum of $144,366.31, with interest from the date of the summons against defendant Media only, unanimously modified, on the law and the facts, to award interest thereon from September 1, 1971, and, except as thus modified, affirmed, without costs or disbursements.
The award of damages finds ample support in the record. Trial Term, however, fixed the date for the computation of interest from July 25, 1975, the date of the summons. A party is entitled to interest on an award for a breach of contract, as a matter of right, from the date damages were incurred. (CPLR 5001 [b].) Where, as here, damages were incurred at various times, interest should accrue "from a single reasonable intermediate date” (CPLR 5001 [b]) and, in the absence of a single reasonable intermediate date, from the date the action was commenced (Delulio v 320-57 Corp., 99 AD2d 253, 254-255). Since damages were incurred monthly from March 1971 through August 1971, a reasonable intermediate date for interest accrual would be September 1, 1971, when all the amounts awarded plaintiff were due and owing.
We have examined the other issues raised on these cross appeals and find them without merit. Concur—Kupferman, J. P., Sullivan, Ross, Milonas and Rosenberger, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.