McCAIN v. MANHASSET MACH. CO., INC.


45 A.D.2d 965 (1974)

Morris McCain, as Executor of Mardele K. Jaeger, Deceased, Appellant, v. Manhasset Machine Company, Inc., Respondent

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

September 23, 1974


Order modified, on the law, by adding thereto, immediately after the provision that the motion is denied, the following: "except that partial summary judgment is granted to plaintiff, as follows: plaintiff is granted recovery of (1) 5% annual interest on the $129,714.09 from January 1, 1969 and (2) $25,000 upon the note, with interest from September 19, 1970, and the cause of action to recover the principal of the $129,714.09 loan receivable is severed." As so modified, order...

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