DeLeonardis v. EFG Plumbing & Heating Corp.

Appellate Division of the Supreme Court of New York

DeLeonardis v. EFG Plumbing & Heating Corp.

222 A.D.2d 339, 636 N.Y.S.2d 619, 1995 N.Y. App. Div. LEXIS 13293

Appellate Division of the Supreme Court of the State of New York·Decided December 21, 1995·Published·Cited by 1 cases

Opinion

—Judgment, Supreme Court, Bronx County (Joseph DiFede, J.), entered July 26, 1993, after nonjury trial, which awarded plaintiff the principal sum of $9,520, unanimously modified, on the law, to the extent of awarding plaintiff prejudgment interest from November 7, 1988, and otherwise affirmed, without costs.

Plaintiff, as the prevailing party in this breach of contract action, is entitled to prejudgment interest from November 7, 1988, the date the trial court determined the cause of action accrued (CPLR 5001 [a], [b]; Matter of Solow v Wellner, 86 NY2d 582, 589-590). The balance of plaintiff’s arguments, however, are unpersuasive as the record supports the trial court’s resolution of credibility issues and we see no reason to disturb its findings. Concur — Wallach, J. P., Kupferman, Ross, Williams and Tom, JJ.

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—Judgment, Supreme Court, Bronx County (Joseph DiFede, J.), entered July 26, 1993, after nonjury trial, which awarded plaintiff the principal sum of $9,520, unanimously modified, on the law, to the extent of awarding plaintiff prejudgment interest from November 7, 1988, and otherwise affirmed, without costs.

Plaintiff, as the prevailing party in this breach of contract action, is entitled to prejudgment interest from November 7, 1988, the date the trial court determined the cause of action accrued (CPLR 5001 [a], [b]; Matter of Solow v Wellner, 86 NY2d 582, 589-590). The balance of plaintiff’s arguments, however, are unpersuasive as the record supports the trial court’s resolution of credibility issues and we see no reason to disturb its findings. Concur — Wallach, J. P., Kupferman, Ross, Williams and Tom, JJ.

DeLeonardis v. EFG Plumbing & Heating Corp., 222 A.D.2d 339, 636 N.Y.S.2d 619, 1995 N.Y. App. Div. LEXIS 13293 (N.Y. Ct. App. 1995).

Pincite

222 A.D.2d 339 (DeLeonardis v. EFG Plumbing & Heating Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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