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ASH & MILLER v. FREEDMAN

114 A.D.2d 823 (1985)

Ash & Miller, Respondent-Appellant, v. Dorothy Freedman, Appellant-Respondent

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

November 26, 1985

Inasmuch as Special Term awarded judgment based upon the retainer agreement between the parties, plaintiff was entitled to interest thereon as a matter of law. (CPLR 5001 [a]; Delulio v 320-57 Corp., 99 A.D.2d 253.) The statute directs that interest be recovered "upon a sum awarded because of a breach of performance of a contract, or because of an act or omission depriving or otherwise interfering with title to, or possession or...

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