Order and judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term properly granted summary judgment for the sum owing Ernst on this construction contract. However, it was improper to award prejudgment interest from June 6, 1977 at the rate of 1½% per month as requested in the complaint. Whether the 1½% per month interest charge was intended to be part of the contract and, at what date payment...
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