Opinion
November 16, 1990
Appeal from the Supreme Court, Erie County, Feeman, J.
Present — Dillon, P.J., Callahan, Boomer, Green and Balio, JJ.
Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred by reducing the judgment to eliminate interest assessed on the future damages. The statute (EPTL 5-4.3 [a]) clearly provides that "[i]nterest upon the principal sum recovered by the plaintiff from the date of the decedent's death shall be added to and be a part of the total sum awarded." The plain meaning of the statute provides for interest on the "principal sum recovered" without distinguishing between prejudgment and postjudgment losses of future income (Soulier v. Hughes, 119 A.D.2d 951, 954). We recognize that the rationale in Woodling v. Garrett Corp. ( 813 F.2d 543) has merit. Any inequity, however, which may result from compliance with the statute is a matter for the Legislature and not for the courts.