Opinion
October 7, 1993
Appeal from the Supreme Court, New York County (Michael J. Dontzin, J.).
The evidence was sufficient for the jury to find that decedent, whose body was never recovered, had been engulfed by a wave and thrown overboard while still conscious, and remained conscious for three hours before perishing at sea. We find no basis to interfere with the amounts awarded for loss of services and nurture, or the amount to which plaintiff stipulated for pain and suffering (cf., Willett v. Western Oceanic, 117 FRD 379, 383). Unlike the authority relied upon by defendant (Red Star Towing Transp. Co. v. "Ming Giant", 552 F. Supp. 367, 377), this case does not involve an award resulting from bias, passion or prejudice aroused by plaintiff's counsel.
The IAS Court correctly determined that plaintiff was entitled to prejudgment interest on the entire amount awarded, but interest should have been awarded to plaintiff at the stipulated rate of ten percent from the date of decedent's injury and death on November 30, 1983 (see, Magee v. United States Lines, 976 F.2d 821; McCrann v. United States Lines, 803 F.2d 771).
Concur — Carro, J.P., Rosenberger, Ellerin, Wallach and Rubin, JJ.