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DAVENPORT v. MARTIN, JR.

4 A.D.3d 873 (2004)

771 N.Y.S.2d 460

JOSEPHINE M. DAVENPORT et al., Respondents-Appellants, v. CHARLES A. MARTIN, JR., et al., Appellants-Respondents.

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

February 11, 2004.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by providing in the third decretal paragraph that plaintiffs are awarded prejudgment interest at the rate of 9% and vacating in the third decretal paragraph the aggregate and total amounts awarded and in the fourth decretal paragraph the sum of $665,798.01 and as modified the judgment is affirmed without costs.

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