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SHOEMAKER v. SHOEMAKER

12 A.D.3d 282 (2004)

785 N.Y.S.2d 70

LIDDLE, ROBINSON & SHOEMAKER, a Partnership in Dissolution, et al., Appellants-Respondents, v. PAUL T. SHOEMAKER, Individually and as a Partner of LIDDLE, ROBINSON & SHOEMAKER, Respondent-Appellant, et al., Defendants. (And a Third-Party Action.)

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

November 23, 2004.

Although this Court's 2003 order of reference did not mention a calculation of prejudgment interest on Shoemaker's $150,000 capital contribution, he is not barred from raising the issue because it is "not inconsistent with" our referral order (309 A.D.2d 688 [2003]) or Partnership Law § 40 (4). In any event, we perceive no basis for awarding Shoemaker interest on his capital contribution for the period prior to the entry of the judgment...

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