Ogletree, Deakins, Nash, Smoak & Stewart, PC v. Albany Steel Inc

In Ogletree, Deakins, Nash, Smoak & Stewart, PC v. Albany Steel Inc., 243 A.D.2d 877 [3rd Dept 1997], the Court was confronted with the issue of when interest should be computed from in an action to recover attorneys' fees pursuant to a quantum meruit cause of action. The Court held that it was proper to award the attorney prejudgment interest but that the interest should run from the date of plaintiff's final bill. (Id. at 879-880.) According to the Court, "CPLR 5001(b) requires that prejudgment interest be computed from the earliest ascertainable date on which the prevailing party's cause of action existed 'and if that date cannot be ascertained with precision, the computation shall be from the earliest time at which it may be said the cause of action accrued.'" (Id. at 880.)