STATE OF NEW YORK ________________________________________________________________________ 3528 2021-2022 Regular Sessions IN SENATE January 30, 2021 ___________ Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to inter- est to be recovered upon a sum awarded in certain circumstances The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions (a) and (c) of section 5001 of the civil prac- 2 tice law and rules are amended to read as follows: 3 (a) Actions in which recoverable. Interest shall be recovered upon a 4 sum awarded because of a breach of performance of a contract, or because 5 of an act or omission depriving or otherwise interfering with title to, 6 or possession or enjoyment of, property, or for bodily injury, except 7 that in an action of an equitable nature, interest and the rate and date 8 from which it shall be computed shall be in the court's discretion. 9 (c) Specifying date; computing interest. The date from which interest 10 is to be computed shall be specified in the verdict, report or decision. 11 In all cases involving bodily injury, the interest shall be computed 12 from the date of injury or loss. If a jury is discharged without speci- 13 fying the date, the court upon motion shall fix the date, except that 14 where the date is certain and not in dispute, the date may be fixed by 15 the clerk of the court upon affidavit. The amount of interest shall be 16 computed by the clerk of the court, to the date the verdict was rendered 17 or the report or decision was made, and included in the total sum 18 awarded. 19 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05038-02-1