Summary
In Dukes, the first case to depart from New York's traditional rule, Supreme Court distinguished the prior decisions, stating that "[w]hile earlier cases in New York contained different language [than 11 NYCRR 60.1 (b)] and reached different results * * * the prevailing authority throughout the country today permits recovery of all interest regardless of the policy limits" (Sup Ct, N.Y. County, Jan. 5, 1982, Tyler, J., slip opn, at 5 [citations omitted]).
Summary of this case from Shnarch v. Empire Mutual Insurance CompanyOpinion
November 4, 1982
Judgment, Supreme Court, New York County (A.R. Tyler, J.), entered on March 2, 1982, unanimously affirmed. Respondent shall recover of appellants $75 costs and disbursements of this appeal. The appeal from the order of said court entered on March 2, 1982, is dismissed as having been subsumed in the appeal from the judgment, without costs and without disbursements. No opinion.
Concur — Ross, J.P., Carro, Asch and Silverman, JJ.