§ 5001. Interest to verdict, report or decision.

241 words·~1 min read·/ny/civil-practice-law-rules/judgments-generally/5001·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Actions in which

recoverable. Interest shall be recovered upon a sum awarded because of a

breach of performance of a contract, or because of an act or omission

depriving or otherwise interfering with title to, or possession or

enjoyment of, property, except that in an action of an equitable nature,

interest and the rate and date from which it shall be computed shall be

in the court's discretion.

(b)Date from which computed. Interest shall be computed from the

earliest ascertainable date the cause of action existed, except that

interest upon damages incurred thereafter shall be computed from the

date incurred. Where such damages were incurred at various times,

interest shall be computed upon each item from the date it was incurred

or upon all of the damages from a single reasonable intermediate date.

(c)Specifying date; computing interest. The date from which interest

is to be computed shall be specified in the verdict, report or decision.

If a jury is discharged without specifying the date, the court upon

motion shall fix the date, except that where the date is certain and not

in dispute, the date may be fixed by the clerk of the court upon

affidavit. The amount of interest shall be computed by the clerk of the

court, to the date the verdict was rendered or the report or decision

was made, and included in the total sum awarded.