Nash v Port Auth. of N.Y. & N.J.

Nash v Port Auth. of N.Y. & N.J. 2011 NY Slip Op 04597 Decided on June 2, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 2, 2011
Tom, J.P., Mazzarelli, Acosta, DeGrasse, Román, JJ.
129074/93

[*1]4985 Linda P. Nash, Plaintiff-Respondent,

v

The Port Authority of New York and New Jersey, Defendant-Appellant. _ _ _ _ _ Steering Committee In Re World Trade Center Bombing Litigation, Intervenor-Respondent.



 
Weil, Gotshal and Manges LLP, New York (Gregory Silbert of
counsel), for appellant.
Louis A. Mangone, New York, for Linda P. Nash, respondent.
Davis Wright Tremaine LLP, New York (Edward J. Davis of
counsel), for Steering Committee, respondent.

Judgment, Supreme Court, New York County (Milton A. Tingling, J.), entered January 15, 2010, insofar as appealed from as limited by the briefs, awarding post-judgment interest at the fixed rate of nine percent per annum, unanimously affirmed, without costs.

McKinney's Unconsolidated Laws of NY § 7106 states that both New York and New Jersey consent to liability on the part of defendant Port Authority for tortious acts "to the same extent as though it were a private corporation." By its plain meaning, the statutory language indicates that the Port Authority should be treated as if it were a private corporation, which requires that a fixed interest rate of nine percent, as applies to private corporations pursuant to CPLR 5004, is applicable. Given the express language of section 7106, we reject the Port Authority's claims that it is entitled as a "public corporation" to the specialized interest rate provisions of Unconsolidated Laws § 2501.

We have considered defendant's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: [*2]

CLERK