Iaizzo v. Gerard

Full title: EILEEN A. IAIZZO, Respondent, v. WILLIAM J. GERARD, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 5, 1994

210 A.D.2d 204 (N.Y. App. Div. 1994)

620 N.Y.S.2d 266

Opinion

December 5, 1994

Appeal from the Supreme Court, Queens County (Lonschein, J.).

Ordered that the judgment is affirmed insofar as appealed from, with costs.

We agree with the trial court that the defendant breached the parties' separation agreement. Thus, the plaintiff is entitled to prejudgement interest on the entire award as a matter of right (see, Sinclair v Wieder, 48 A.D.2d 866). Furthermore, the trial court correctly computed the interest from the date by which the marital premises had to be sold (see, CPLR 5001 [b]; Silvester v Silvestrelli, 204 A.D.2d 427).

The defendant's remaining contention is without merit. Copertino, J.P., Pizzuto, Santucci and Florio, JJ., concur.