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Fiorello v. Raheb

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 402 (N.Y. App. Div. 2000)

Opinion

Submitted February 4, 2000.

April 3, 2000.

In a matrimonial action in which the parties were divorced by a judgment dated February 11, 1985, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Satterfield, J.), dated December 24, 1998, as upon granting her leave to enter a money judgment against the defendant in the principal sum of $50,451, representing disability benefits that he wrongfully retained, awarded statutory interest at the prevailing rate from December 1, 1997, rather than from August 1, 1990.

Goodman Goodman Jurist, Garden City, N.Y. (Howard Jurist of counsel), for appellant.

Michael N. Klar, Garden City, N.Y., for respondent.

WILLIAM C. THOMPSON, J.P., SONDRA MILLER, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contentions, the award of prejudgment interest is founded on the theory that there has been a deprivation of use of the money, and the sole function of interest is to make the plaintiff whole. "It is not to provide a windfall for either party" (155 Henry Owners Corp. v. Lovlyn Realty Co., 231 A.D.2d 559, 560 ; Kaiser v. Fishman, 187 A.D.2d 623, 627 ).

Under the circumstances of the instant case, it was within the discretion of the Supreme Court to award prejudgment interest from December 1 , 1997, an ascertainable "single reasonable intermediate date" (CPLR 5001 [b]).

THOMPSON, J.P., S. MILLER, FLORIO, and SCHMIDT, JJ., concur.


Summaries of

Fiorello v. Raheb

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 402 (N.Y. App. Div. 2000)
Case details for

Fiorello v. Raheb

Case Details

Full title:DEBORAH RAHEB FIORELLO, appellant, v. BRUCE RAHEB, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 3, 2000

Citations

271 A.D.2d 402 (N.Y. App. Div. 2000)
706 N.Y.S.2d 883

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