New York Court of Appeals

J. B. Preston Company, Inc., Appellant and Respondent v. Raymond J. Funkhouser, Doing Business Under the…

February 28, 1933261 N.Y. 140

Summary

The New York Court of Appeals held that the 1927 amendment to § 480 of the Civil Practice Act applies to actions for unliquidated damages arising from contracts entered before its effective date, and that interest must be awarded on such damages. The court reasoned that the statute is remedial, does not impair the contractual obligation, and its retroactive application does not violate the Constitution.