ABIELE CONTRACTING, INC. v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY


6 A.D.3d 366 (2004)

774 N.Y.S.2d 380

ABIELE CONTRACTING, INC., Appellant, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Respondent. (And a Related Action.)

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

April 5, 2004.


Ordered that the judgment is reversed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Queens County, for the entry of an appropriate amended judgment accordingly.

The plaintiff contends that it is entitled to 9% interest on its judgment. The defendant disagrees, claiming that the recovery of prejudgment interest in this case should be limited to the average 52-week U.S. Treasury Bonds...

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