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HEIMBINDER v. BERKOVITZ

263 A.D.2d 466 (1999)

693 N.Y.S.2d 200

LAWRENCE HEIMBINDER et al., Respondents, v. JOSEPH BERKOVITZ, Also Known as JOSEPH BERKOWITZ, et al., Appellants.

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

Decided July 12, 1999.

Ordered that the judgment is modified, on the law, by deleting the provision thereof providing for interest at the rate of 15% per annum from February 22, 1991 and substituting therefor a provision providing for interest at the statutory rate of 9% per annum from February 22, 1991.

In June 1990 the plaintiff R & R Closing Corp. f/k/a Redi-Records Industries, Inc. (hereinafter R & R), sold its assets to the defendant Formadyne Industries, Inc. (hereinafter...

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