Justice Jack Battaglia
The court noted this action, arising from a construction site accident, was the product of a consolidation order. It also found plaintiffs were granted summary judgment on liability under Labor Law §240(1). A cross motion, made on behalf of Alvarez-Puebla, asked the court to order separate damages trials for each plaintiff. Defendants moved for an order tolling the accrual of interest on any award to plaintiffs. They acknowledged that interest was accruing on the damages awards from the date plaintiffs’ motion for summary judgment was granted, but argued that where plaintiffs caused a delay while judgment was running in their favor, plaintiffs could not benefit from such delays. The court disagreed, finding defendants were incorrect, and stated prejudgment interest was to be calculated from the date common-law liability attached in favor of plaintiff either by summary judgment, default or a bifurcated liability trial. Therefore, the court concluded interest accrued independent of whether either party caused a delay in reaching the damages trial, denying defendants’ motion to toll prejudgment interest. Further, the court denied plaintiff’s motion for separate damage trials.
