J. D'ADDARIO & COMPANY, INC. v. EMBASSY INDUSTRIES, INC.

2010-05644, 2010-05645.

83 A.D.3d 1001 (2011)

921 N.Y.S.2d 550

J. D'ADDARIO & COMPANY, INC., Appellant, v. EMBASSY INDUSTRIES, INC., Respondent.

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

Decided April 26, 2011.


Ordered that the appeal from so much of the judgment as awarded prejudgment interest in the sum of $224,538.27 is dismissed as academic, without costs or disbursements, in light of our determination on the appeal from the order; and it is further,

Ordered that the judgment is affirmed insofar as reviewed, without costs or disbursements; and it is further,

Ordered that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements...

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