In an action in equity, the recovery of interest is within the court's discretion, and the exercise of that discretion will be governed by particular facts in each case. Here, the Appellate Division found that the motion court providently exercised its discretion in declining to limit interest, as there is no indication that plaintiff engaged in any wrongful conduct that would warrant such action.
U.S. Bank N.A. v. Beymer, NY Slip Op 00048 (1st Dep't January 5, 2021)
