Grady v. Hessert Realty L.P., 2019 NY Slip Op 8598 (2019)

Citation: Grady v. Hessert Realty L.P., 2019 NY Slip Op 8598 (2019)
Parent Document: Grady v. Hessert Realty L.P., 2019 NY Slip Op 8598 (2019)
Jurisdiction: New York (state)
Effective Date: 2019-12-03
Original Source: https://www.courtlistener.com/opinion/4683577/grady-v-hessert-realty-lp/ ↗

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The court improperly awarded plaintiff prejudgment interest prior to the date of its decision. "Interest on a rent overcharge award is generally authorized from the date of the initial monthly overpayment, except when treble damages are warranted. In those circumstances, treble damages are imposed in lieu of interest from the date of the monthly overcharge to the date of the [court's] decision" (Mohassel v Fenwick, 5 NY3d 44, 50 [2005] [emphasis added]). Because treble damages were awarded here, interest should have been awarded only from the date of the court's decision going forward (id.).

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