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MATTER OF ROSENBERG, P. C. v. McCORMACK

266 A.D.2d 396 (1999)

698 N.Y.S.2d 170

In the Matter of GARY E. ROSENBERG, P. C., Appellant, v. JAMES P. McCORMACK, et al., Respondents.

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

Decided November 15, 1999.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The petitioner's failure to seek prejudgment interest pursuant to CPLR 5001 in connection with the order of the Supreme Court, Kings County, which originally fixed the amount of the legal fees due it, or in connection with its prior appeal (see, Matter of Gary E. Rosenberg, P. C. v McCormack, 250 A.D.2d 679), acted as a waiver of...

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