On March 5, 2025, the Second Department issued a decision in Lang v. Zlotnick, 2025 NY Slip Op. 01208, holding that prejudgment interest on a note was calculated from the date the note became due, explaining:
The Supreme Court also erred in denying that branch of the plaintiff’s motion which was for an award of prejudgment interest on the unpaid principal under the note, calculated from December 10, 2012, which was the date that the unpaid principal became due. Pursuant to CPLR 5001, interest shall be recovered upon a sum awarded because of a breach of performance of a contract. A breach of the obligation to pay on a promissory note is contractual for purposes of CPLR 5001. Moreover, interest shall be computed from the earliest ascertainable date the cause of action existed. Therefore, the plaintiff was entitled to recover prejudgment interest at the statutory rate of interest on the unpaid principal awarded from the date the unpaid principal became due under the terms of the note to the date liability was established.
(Internal quotations and citations omitted).