Flores v. Citizens International Bank
Cases that cite this one
3 later published cases cite this decision.
- BPP Wealth, Inc. v. Weiser Capital Management, LLC (2d Cir. 2015)
- ABKCO Music & Records Inc. v. Chimeron LLC (2d Cir. 2013)
- Bamira v. Greenberg (Appellate Division of the Supreme Court of New York 2002)
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
Since the jury was instructed to consider interest in its deliberations as to damages and the verdict was in excess of the loan principal, the trial court properly found plaintiffs were not entitled to prejudgment interest (see, Men’s World Outlet v Estate of Steinberg, 101 AD2d 854; 5 Weinstein-KornMiller, NY Civ Prac ¶ 5001.14). We agree with the trial court that, in view of the evidence presented, the jury could reasonably find that fraud had not been proven by a preponderance of the evidence.
This Court will not consider defendant’s arguments for affirmative relief since defendant’s appeal was dismissed for lack of prosecution, which dismissal is the functional equivalent of an affirmance (see, Matter of Ellsman, 77 NY2d 926). Concur— Sullivan, J. P., Wallach, Kupferman and Tom, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.