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SPODEK v. PARK PROP. DEV.

96 N.Y.2d 577 (2001)

759 N.E.2d 760

733 N.Y.S.2d 674

ROSALIND T. SPODEK, Also Known as ROSLYN SPODEK, Respondent, v. PARK PROPERTY DEVELOPMENT ASSOCIATES, Appellant.

Court of Appeals of the State of New York.

Decided November 15, 2001.

Attorney(s) appearing for the Case

Brown Raysman Millstein Felder & Steiner, L. L. P., New York City (Kenneth M. Block and Craig J. Conte of counsel), for appellant.

Rosenberg Calica & Birney, L. L. P., Garden City (Robert M. Calica and Judah Serfaty of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

GRAFFEO, J.

In this breach of contract action, we address whether a creditor is entitled to prejudgment interest under CPLR 5001 where the promissory note provided for monthly interest and principal installment payments on the debt owed. We conclude that plaintiff is entitled to interest from the accrual of the cause of action on both the unpaid interest and principal payments to the date liability...

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