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PIONEER FOOD STORES COOP., INC. v. BROKERAGE SURPLUS CORP.

70 A.D.2d 542 (1979)

Pioneer Food Stores Cooperative, Inc., Appellant, v. Brokerage Surplus Corporation, as Attorney-in-Fact of and Representing Stuart J. Mew (Lloyd's of London), et al., Respondents Stuart J. Mew, Defendant and Interpleading Plaintiff-Respondent, v. Pioneer Food Stores Cooperative, Inc., et al., Interpleaded Defendants

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

May 15, 1979

Unanimously modified, on the law and the facts, to adjudge that said plaintiff shall also recover from said defendant interest on said amount from June 13, 1977, at a rate to be fixed on the order to be settled hereon, and the judgment is otherwise affirmed, with costs on appeal to said plaintiff against said defendant.

If plaintiff's right to the fund was based on breach of contract, plaintiff was entitled to interest as a matter of law; if plaintiff's right was...

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