Sally Cooperman Et Al. v. Robert Ferrentino

[38 A.D.2d 945 Page 945] Motion by respondent "for clarification of the meaning and intent of this Court" in its order dated November 29, 1971, in
reversing the judgment herein in part and directing that judgment be entered in favor of plaintiffs against respondent "as
upon a verdict" for plaintiffs against respondent in the same respective amounts for each of the two plaintiffs as the jury
had rendered against respondent's co-defendant, Ferrentino (Cooperman v. Ferrentino, 37 A.D.2d 474). The judgment had been
entered in the Supreme Court, Kings County, on May 13, 1969. The appeal was taken from so much of the judgment as dismissed
the complaint as against respondent, upon the trial court's decision at the close of the trial. No appeal was taken from the
portion of the judgment which was in favor of plaintiffs against defendant Ferrentino. Pursuant to our said order, an amended
judgment was entered on January 10, 1972, which grants each of the plaintiffs the same recovery that each has against Ferrentino,
besides granting the costs of the appeal, as taxed, against respondent. Motion disposed of as follows: Respondent's contention
is that the effect of the amendment of the judgment is to grant interest against respondent and in favor of plaintiffs on
their recovery from May 13, 1969, the date the original judgment was entered, even though there had been no grant of a recovery
against respondent until our said order on the appeal was made, on November 29, 1971, and the amended judgment was not entered
until January 10, 1972. Respondent says that interest from May 13, 1969 to January 10, 1972 on the total amount awarded against
it comes to more than $4,000. Our determination on the appeal was that as a [38 A.D.2d 945 Page 946]