State v. Williams
| Decision Date | 12 May 1988 |
| Citation | 140 A.D.2d 836,528 N.Y.S.2d 353 |
| Parties | STATE of New York, Appellant, v. Floyd WILLIAMS, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Robert Abrams, Atty. Gen. (Joseph Koczaja, of counsel), Albany, for appellant. Floyd Williams, in pro per.
LEVINE, Justice. Appeal from that part of an order and judgment of the Supreme Court (Doran, J.), entered July 13, 1987 in Albany County, which denied plaintiff prejudgment interest on a default judgment against defendant. Plaintiff commenced this action to recover the cost of damages to one of its motor vehicles. Defendant, a State employee allegedly took the vehicle without prior authorization and was involved in a one-car accident on December 15, 1984 in which the vehicle was severely damaged. Plaintiff sold the vehicle at public auction for $450. Thereafter, plaintiff sued and obtained a default judgment against defendant in the amount of $3,395.20, plus costs. Supreme Court, however, declined to award plaintiff prejudgment interest and struck this provision from the proposed order and judgment. Plaintiff appeals from that part of the order and judgment which denied it prejudgment interest. In our view, Supreme Court erred in refusing to award plaintiff prejudgment interest on its claim for the negligent injury to its property. CPLR 5001(a) entitles a prevailing party to such prejudgment interest as of right (see, 5 Weinstein-Korn-Miller, N.Y.Civ.Prac. p 5001.05; see also, Dalrymple v. Schults Chevrolet, 41 N.Y.2d 957, 394 N.Y.S.2d 881, 363 N.E.2d 587, affg. on mem. below 51 A.D.2d 884, 380 N.Y.S.2d 189; Delulio v. 320-57 Corp., 99 A.D.2d 253, 254, 472 N.Y.S.2d 379). Order and judgment modified, on the law, without costs, by granting plaintiff prejudgment interest from December 15, 1984, and, as so modified, affirmed.
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