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Susi Contracting Co. v. Orlando

Appellate Division of the Supreme Court of New York, First Department
Oct 23, 1969
33 A.D.2d 548 (N.Y. App. Div. 1969)

Opinion

October 23, 1969


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 29, 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.


Summaries of

Susi Contracting Co. v. Orlando

Appellate Division of the Supreme Court of New York, First Department
Oct 23, 1969
33 A.D.2d 548 (N.Y. App. Div. 1969)
Case details for

Susi Contracting Co. v. Orlando

Case Details

Full title:SUSI CONTRACTING CO., INC., Respondent, v. ANTHONY J. ORLANDO, Doing…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 23, 1969

Citations

33 A.D.2d 548 (N.Y. App. Div. 1969)