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BRUCE SUPPLY CORP. v. D & M PLUMBING & HEATING CORP.

291 A.D.2d 525 (2002)

737 N.Y.S.2d 642

BRUCE SUPPLY CORP., Respondent, v. D & M PLUMBING & HEATING CORP. et al., Defendants, and CNA SURETY COMPANIES, Also Known as CNA CONTINENTAL INSURANCE COMPANY, Appellant.

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

Decided February 25, 2002.

Ordered that the judgment is modified, on the law and the facts, by deleting the provision thereof awarding prejudgment interest at the rate of 24% per annum, and substituting therefor a provision awarding prejudgment interest at the rate of 9% per annum; as so modified, the judgment is affirmed insofar as appealed from, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Richmond County, for a recomputation of prejudgment interest in accordance...

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