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NYCTL 1998-2 TRUST v. WAGNER

61 A.D.3d 728 (2009)

876 N.Y.S.2d 522

NYCTL 1998-2 TRUST, Respondent, v. MARTIN WAGNER et al., Defendants. BRETT MORGAN, LLC, as Assignee of DEBCON FINANCIAL SERVICES, INC., Nonparty Appellant.

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

Decided April 14, 2009.

Ordered that the order is affirmed, with costs.

"`Interest under CPLR 5002 is a matter of right and is not dependent upon the court's discretion or a specific demand for it in the complaint'" (Matter of Goldberger v Fischer, 54 A.D.3d 955 [2008], quoting Matter of Kavares [Motor Veh. Acc. Indem. Corp.], 29 A.D.2d 68, 70-71 [1967]). Thus, despite the appellant's contentions to the...

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