ADVANCED RETAIL MARKETING, INC. v. NEWS AMERICA MARKETING FSI, INC.


303 A.D.2d 231 (2003)

758 N.Y.S.2d 8

ADVANCED RETAIL MARKETING, INC., Appellant-Respondent, v. NEWS AMERICA MARKETING FSI, INC., Respondent-Appellant.

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

Decided March 13, 2003.


Plaintiff, as prevailing party in this action for breach of contract, is entitled to prejudgment interest (see Delulio v 320-57 Corp., 99 A.D.2d 253, 254) "from the earliest ascertainable date the cause of action existed" (CPLR 5001 [b]; 155 Henry Owners Corp. v Lovlyn Realty Co., 231 A.D.2d 559, 560 [1996]). That date, under the facts at bar, is December 30, 2001, the date on which payment...

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