Summary
concluding that, under Monessen and Kaiser Aluminum, trial court erred by denying motion to vacate portion of judgment awarding interest from date of verdict to entry of judgment
Summary of this case from Kinworthy v. Soo Line R.R. Co.Opinion
March 13, 1992
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.
Order insofar as appealed from unanimously reversed on the law without costs and motion granted. Memorandum: State courts may not award prejudgment interest in an action to recover damages under the Federal Employers' Liability Act (Monessen Southwestern Ry. Co. v Morgan, 486 U.S. 330; see also, Kaiser Aluminum Chem. Corp. v Bonjorno, 494 U.S. 827). Supreme Court erred, therefore, in denying defendant's motion to vacate that part of the judgment which awarded interest from the date of verdict to the date of entry of judgment (see, Eschberger v Consolidated Rail Corp., 149 Misc.2d 232).