PERRIN CONSTR. CO. v. JOHNSON


42 A.D.2d 834 (1973)

Perrin Construction Company, Appellant, v. Lance M. Johnson et al., Respondents. (Appeal No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 6, 1973


Order unanimously reversed, with costs and motion granted.

Memorandum:

The record is clear that plaintiff's cause of action arose on June 8, 1970 when defendants told plaintiff that they did not want it to do any further work on their home, and plaintiffs stopped work. CPLR 5001 (subd. [a]) provides that "[i]nterest shall be recovered upon a sum awarded because of a breach of performance of a contract" and subdivision (b) states that it "shall be computed...

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