Interest when liability is stipulatedSeptember 16, 2016
Mahoney v Brockbank, 2016 NY Slip Op 05630 (2d Dept. 2016)
“In short, we conclude that a stipulation as to liability does not trigger the accrual of prejudgment interest under CPLR 5002. Moreover, because the parties did not provide for prejudgment interest in their stipulation, the Supreme Court properly determined that prejudgment interest was to be computed from the date of the jury verdict on the issue of damages.”
When I read this case, all I thought is a rear-end collision with serious injuries and a defendant stipulating to liability; the case takes 6 years to get to trial; and now, the plaintiff lost 54% interest on a case worth between $400,000-$800,000. Is that stipulating away to malpractice?