Appellate Terms of the Supreme Court of New York, 1994

Deborah S. v. Diorio

Appellate Terms of the Supreme Court of New York · Decided February 17, 1994

160 Misc. 2d 210; 612 N.Y.S.2d 542; 1994 N.Y. Misc. LEXIS 173

Counsel

APPEARANCES OF COUNSEL, Prisoners’ Legal Services of New York, Albany (David C. Leven and Lee A. Davis of counsel), for appellant. Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Daniel J. Leffell, Jill M. Wheaton, Janet F. Nezhad and Kathleen M. Walker of counsel), for respondent.

Opinion of the Court

OPINION OF THE COURT

Per Curiam.

Judgment entered April 28, 1992 modified only to the extent of granting plaintiff interest on the punitive damage award *211from the date of the trial court’s decision (Feb. 18, 1992) and, as modified, affirmed with $10 costs to plaintiff-respondent.

The physical and emotional injuries suffered by plaintiff as a result of the sexual attack inflicted upon her by the defendant were shown to be substantial and lasting, and we are unable to say that the compensatory or punitive damage awards granted below are excessive or unsupported by the record. 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 (see, Delulio v 320-57 Corp., 99 AD2d 253) and we modify the judgment accordingly.

Parness, J. P., Miller and McCooe, JJ., concur.

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