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BRITTON v. DIPRIMA

CA 09-01794.

71 A.D.3d 1560 (2010)

900 N.Y.S.2d 205

GARRY BRITTON, Respondent, v. JOSEPH DIPRIMA, Appellant.

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

Decided March 26, 2010.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by providing that prejudgment interest on the award of damages with respect to the property located at 412 Thornell Road shall commence March 5, 2003 and as modified the judgment is affirmed without costs.

Memorandum: In this breach of contract action, defendant appeals from a judgment in favor of plaintiff, following a nonjury trial...

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