Opinion
March 29, 2000.
Appeal from Order of Supreme Court, Erie County, Rath, Jr., J. — Interest.
PRESENT: PINE, J. P., WISNER, HURLBUTT, KEHOE AND LAWTON, JJ.
Order unanimously reversed on the law with costs and motion denied.
Memorandum:
Supreme Court erred in granting defendant's oral motion to toll plaintiffs' entitlement to statutory prejudgment interest between November 10, 1998 and March 18, 1999. Plaintiffs' request that the trial on damages be adjourned from November 10, 1998 to March 18, 1999 did not alter the entitlement of plaintiffs to prejudgment interest from the date of entry of the order granting them partial summary judgment on liability ( see, Love v. State of New York , 78 N.Y.2d 540, 544 ; see also, Dingle v. Prudential Prop. Cas. Ins. Co ., 85 N.Y.2d 657 ; Hayes v. City of New York , 264 A.D.2d 610 ).