| Nash v Port Auth. of N.Y. & N.J. |
| 2011 NY Slip Op 04597 [85 AD3d 414] |
| June 2, 2011 |
| Appellate Division, First Department |
| Linda P. Nash, Respondent, v Port Authority of New Yorkand New Jersey, Appellant. Steering Committee in Matter of World Trade Center BombingLitigation, Intervenor-Respondent. |
—[*1] Louis A. Mangone, New York, for Linda P. Nash, respondent. Davis Wright Tremaine LLP, New York (Edward J. Davis of counsel), for SteeringCommittee, 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 postjudgment interest at thefixed rate of nine percent per annum, unanimously affirmed, without costs.
McKinney's Unconsolidated Laws of NY § 7106 (L 1950, ch 301, § 6) statesthat both New York and New Jersey consent to liability on the part of defendant Port Authorityfor tortious acts "to the same extent as though it were a private corporation." By its plainmeaning, the statutory language indicates that the Port Authority should be treated as if it were aprivate corporation, which requires that a fixed interest rate of nine percent, as applies to privatecorporations 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 specializedinterest rate provisions of McKinney's Unconsolidated Laws of NY § 2501 (L 1939, ch585, as amended by L 1982, ch 681, § 4).
We have considered defendant's remaining arguments and find them unavailing.Concur—Tom, J.P., Mazzarelli, Acosta, DeGrasse and RomÁn, JJ.