Bevilacqua v. City of Niagara Falls

Appellate Division of the Supreme Court of New York

Bevilacqua v. City of Niagara Falls

147 A.D.2d 910, 538 N.Y.S.2d 730, 1989 N.Y. App. Div. LEXIS 1202

Appellate Division of the Supreme Court of the State of New York·Decided February 3, 1989·Published

Opinion

Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: We affirm the award of damages, but find that the court erred in not granting interest on the brokers’ commissions from the date of the commencement of the action on August 27, 1979 (see, CPLR 5001 [a]; Delulio v 320-57 Corp., 99 AD2d 253; Temple Beth Sholom v Fitzsimons & Assocs., 42 AD2d 739). (Appeals from judgment of Supreme Court, Niagara County, Cook, J. — brokerage commissions.) Present — Callahan, J. P., Denman, Boomer, Balio and Law-ton, JJ.

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Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: We affirm the award of damages, but find that the court erred in not granting interest on the brokers’ commissions from the date of the commencement of the action on August 27, 1979 (see, CPLR 5001 [a]; Delulio v 320-57 Corp., 99 AD2d 253; Temple Beth Sholom v Fitzsimons & Assocs., 42 AD2d 739). (Appeals from judgment of Supreme Court, Niagara County, Cook, J. — brokerage commissions.) Present — Callahan, J. P., Denman, Boomer, Balio and Law-ton, JJ.

Bevilacqua v. City of Niagara Falls, 147 A.D.2d 910, 538 N.Y.S.2d 730, 1989 N.Y. App. Div. LEXIS 1202 (N.Y. Ct. App. 1989).

Pincite

147 A.D.2d 910 (Bevilacqua v. City of Niagara Falls) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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