Practice point: In an action to recover damages for breach of contract, the court may award a plaintiff prejudgment interest at the statutory rate of 9% per year, pursuant to CPLR 5001[a], 5004.
Practitioners should note that the interest will be computed from the earliest ascertainable date on which there was a cause of action, or from a single reasonable intermediate date, pursuant to CPLR 5001[b].
Case: Baer v. Anesthesia Assoc. of Mount Kisco, LLP, NY Slip Op 10110 (2d Dept. 2008)
The opinion is here.
Tomorrow's issue: Labor Law.
