The statute requires that there be a "sum awarded" upon which interest can be calculated. However, a replevin plaintiff may recover both possession of his property and damages for its wrongful detention, and where the property is merchandise kept for sale which has not depreciated in value, the measure of damages is interest on the value from the time of the wrongful taking. The rationale for awarding interest is that if the defendant had not taken the plaintiff's property, the plaintiff could have sold it at any time and then he would have had its value and whatever he could have earned on that value.
Reif v. Nagy, NY Slip Op 06659 (1st Dep't November 30, 2021)
