| Williams v City of New York |
| 2013 NY Slip Op 07268 [111 AD3d 420] |
| November 7, 2013 |
| Appellate Division, First Department |
| Burnett Williams, Appellant, v City of New Yorket al., Respondents. |
—[*1] Wallace D. Gossett, Brooklyn (Lawrence Heisler of counsel), forrespondents.
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered October 22,2012, which granted the motion of defendant New York City Transit Authority(NYCTA) to correct the rate of interest on the judgment from 9% to 3% pursuant toPublic Authorities Law § 1212 (6), unanimously affirmed, without costs.
It is uncontested that the rate of interest against NYCTA may be no more than 3%(Public Authorities Law § 1212 [6]). As defendants were found jointly andseverally liable for 100% of the judgment, the proper interest rate was 3% (see Bello v New York City Tr.Auth., 50 AD3d 511 [1st Dept 2008]; Klos v New York City Tr. Auth.,240 AD2d 635, 638 [2d Dept 1997], lv dismissed 91 NY2d 846 [1997]).Moreover, defendants assert that NYCTA is bound to indemnify the City pursuant to thelease relating to the subject property. Plaintiff does not deny this assertion, and thus,NYCTA is the real party in interest, and the court properly recalculated the interest rate at3% (see Ebert v New York City Health & Hosps. Corp., 82 NY2d 863 [1993]).Finally, as the rate of interest was not argued by the parties or decided by the court, andthe rate is mandated by statute, this ministerial error may be corrected even after theunderlying substantive appellate process is complete (see Kiker v Nassau County,85 NY2d 879 [1995]). Concur—Mazzarelli, J.P., Acosta, Saxe, Richter andFeinman, JJ.