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MOUNT SINAI HOSPITAL v. BORG-WARNER CORP.

No. 80 Civ. 3044.

527 F.Supp. 922 (1981)

MOUNT SINAI HOSPITAL and Mount Sinai School of Medicine, Plaintiffs, v. BORG-WARNER CORPORATION, Defendant.

United States District Court, S. D. New York.

December 3, 1981.

Attorney(s) appearing for the Case

Rein, Mound & Cotton, New York City, for plaintiffs; Lawrence S. Greengrass, New York City, of counsel.

Shapiro & Karow, New York City, Bragar Spiegel Schulman Rubin & Driggin, New York City, for defendant; Nathan Shapiro and Edward Rubin, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiffs move to amend a judgment they recovered against the defendant entered upon a jury verdict, to include prejudgment interest from the date of negligent injury to their property, which occurred on June 13, 1977. The damaged property was an air conditioning unit which malfunctioned on that date due to a shaft seal failure. Since this is a diversity action, New York C.P.L.R., section 5001(a) controls the issue...

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