Opinion
September 28, 1936.
Present — Lazansky, P.J., Young, Carswell, Johnston and Taylor, JJ.
In an action for damages for injuries to plaintiff's buildings resulting from the construction of a subway by defendant Rodgers Hagerty, Inc., judgment in favor of the plaintiff against that defendant for $4,420.42, damages, interest and costs, upon a verdict of a jury in favor of the plaintiff for the sum of $3,000, modified by reducing the amount of said judgment from $4,420.42 to $3,915.89. As so modified, the judgment and the order denying motion for a new trial are unanimously affirmed, with costs to respondent. We are of opinion that the inclusion in the judgment of interest on the verdict from February 1, 1929, was erroneous; that such interest should have been computed only from November 2, 1931, the date of the commencement of this action; and that the items of the judgment and its total should be only as follows:
Amount of verdict .............................................. $3,000 00 Interest thereon from November 2, 1931, to the date of rendition of verdict, October 25, 1935 ................................. 716 34 Interest on $3,716.34 (amount of verdict plus such interest) from October 25, 1935, to November 23, 1935 .................. 17 10 Costs .......................................................... 182 45 _________ Total judgment ............................................. $3,915 89 _________