Respondent shall recover of appellant $50 costs and disbursements of this appeal. The trial was virtually an inquest, no evidence having been offered by defendant, and the evidence presented by plaintiff justified the verdict. There is no doubt that May 19, 1965, was the operative date for the fixation of interest, for the court properly charged as a matter of law that the letter of that date marked the breach of contract (CPLR 5001, subd. [b]). Despite the fact that the...
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