ESCHBERGER v. CONSOLIDATED RAIL CORPORATION

Order insofar as appealed from unanimously reversed on the law without costs and motion granted. Memorandum: State courts may not award prejudgment interest in an action to recover damages under the Federal Employers' Liability Act (Monessen Southwestern Ry. Co. v Morgan, 486 U.S. 330; see also, Kaiser Aluminum Chem. Corp. v Bonjorno, 494 U.S. 827). Supreme Court erred, therefore, in denying defendant's motion to vacate that part of the judgment which awarded interest from the date of verdict to the date of entry of judgment (see, Eschberger v Consolidated Rail Corp., 149 Misc.2d 232).