Mirand v. City of New York

Full title: VIRNA MIRAND et al., Respondents, v. CITY OF NEW YORK, Defendant, and…

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

Date published: Nov 9, 1995

221 A.D.2d 194 (N.Y. App. Div. 1995)

633 N.Y.S.2d 167

Opinion

November 9, 1995

Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).

While General Municipal Law § 3-a provides for an interest rate not in excess of 9%, CPLR 5004 prohibits a lower rate except where authorized by statute ( Carson v New York City Health Hosps. Corp., 178 A.D.2d 265). Thus, there is no merit to defendant's contention that the rate of interest is a discretionary determination that in the instant case should take into account prevailing market rates of interest.

Concur — Rosenberger, J.P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.