Opinion · Appellate Terms of the Supreme Court of New York

Deborah S. v. Diorio

160 Misc. 2d 210

Type: Opinion
Court: Appellate Terms of the Supreme Court of New York
Jurisdiction: New York
Date: 1994-02-17
Topic: general

How later courts describe this case

court noted that the parties “correctly agree [d] that interest to the date of verdict on the award for intentional infliction of severe emotional distress is not available” under CPLR 5001

Citator

UpLaw has not yet analyzed Deborah S. v. Diorio. The absence of a flag is not a finding that it is good law.

Cited by: 8 opinions

OPINION OF THE COURT

Per Curiam.

Judgment entered April 28, 1992 modified only to the extent of granting plaintiff interest on the punitive damage award *211 from the date of the trial court’s decision (Feb. 18, 1992) and, as modified, affirmed with $10 costs to plaintiff-respondent.

The physical and emotional injuries suffered by plaintiff as a result of the sexual attack inflicted upon her by the defendant were shown to be substantial and lasting, and we are unable to say that the compensatory or punitive damage awards granted below are excessive or unsupported by the record. However, plaintiff is not entitled to interest on the punitive damage award for any period prior to the date of the trial court’s decision (see, Delulio v 320-57 Corp., 99 AD2d 253) and we modify the judgment accordingly.

Parness, J. P., Miller and McCooe, JJ., concur.