On February 15, 2023, the Second Department issued a decision in Redbridge Bedford, LLC v. 159 N. 3rd St. Realty Holding Corp., 2023 NY Slip Op. 00889, holding that the court clerk could not include pre-decision interest in a judgment absent a finding by the court regarding the date from which interest should be calculated, explaining:
As Redbridge correctly contends, Redbridge is entitled to interest pursuant to CPLR 5002 from October 23, 2019, the date of decision, to November 20, 2019, the date of entry of final judgment. However, the amount of interest awarded in the judgment exceeds the amount to which Redbridge would be entitled pursuant to CPLR 5002, and it is apparent that the judgment also included predecision interest pursuant to CPLR 5001. As the defendants correctly contend, because neither the parties nor the Supreme Court specified the date or dates from which the Clerk should calculate predecision interest, the Clerk was without authority to award and calculate such interest.
As the parties dispute whether the plaintiff is entitled to predecision interest and, if so, the proper date for the calculation of such interest, we remit the matter to the Supreme Court, Kings County, for a determination of these issues in the first instance.
(Internal citations omitted).