Appellate Division of the Supreme Court of New York, 1995

DeLeonardis v. EFG Plumbing & Heating Corp.

DeLeonardis v. EFG Plumbing & Heating Corp.
Appellate Division of the Supreme Court of New York · Decided December 21, 1995
222 A.D.2d 339; 636 N.Y.S.2d 619; 1995 N.Y. App. Div. LEXIS 13293
DeLeonardis v. EFG Plumbing & Heating Corp.

Opinion of the Court

—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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