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C & M AIR SYSTEMS, INC. v. CUSTOM LAND DEVELOPMENT GROUP II

262 A.D.2d 440 (1999)

692 N.Y.S.2d 146

C & M AIR SYSTEMS, INC., Appellant, v. CUSTOM LAND DEVELOPMENT GROUP II et al., Respondents.

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

Decided June 14, 1999.

Ordered that on the Court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [a] [2]; [c]); and it is further,

Ordered that the order is modified by deleting therefrom the phrase "12% per annum" and by substituting therefor the phrase "16% per annum"; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

Based upon the...

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