Appellate Division of the Supreme Court of New York, 1969

Susi Contracting Co. v. Orlando

Susi Contracting Co. v. Orlando
Appellate Division of the Supreme Court of New York · Decided October 23, 1969
33 A.D.2d 548; 304 N.Y.S.2d 452; 1969 N.Y. App. Div. LEXIS 3007
Susi Contracting Co. v. Orlando

Opinion of the Court

—• Judgment unanimously modified, on the law and the facts, to provide that interest at the rate of 6% on the recovery awarded shall run from November *54929,1957, and otherwise affirmed, with disbursements only to plaintiff-respondent. With the exception of the direction for payment of interest, we conclude that the evidence fully supports the findings of fact and conclusions of the Special Referee, confirmed at Special Term. The allowance of interest on the accounting between the joint venturers is a matter for decision on equitable principles, and, under the circumstances here, we deem the appropriate date for the starting of the running of interest to be the date of the final payment by the contractor to the defendant. (See Jackson v. Hunt, Hill & Betts, 20 A D 2d 458; Shubert v. Lawrence, 27 A D 2d 292; cf. Sahley v. McKee, 371 F. 2d 720.) Concur — Stevens, P. J., Eager, McGivern, Markewich and McNally, JJ.

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