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KAGAN v. HMC-NEW YORK, INC.

8534, 8535, 8536, 8537, 8538, 8539, 601306/09, 8540.

100 A.D.3d 468 (2012)

954 N.Y.S.2d 33

HOWARD KAGAN, Appellant, v. HMC-NEW YORK, INC., et al., Defendants, and HARBINGER CAPITAL PARTNERS GP, LLC, et al., Respondents.

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

November 13, 2012.

As defendants essentially concede, plaintiff is entitled to prejudgment interest on the withheld compensation they admittedly owed and in fact paid on October 4, 2010; in stipulating to settle for a portion of the principal amount, plaintiff reserved his rights (see Matter of Hoffman, 275 A.D.2d 372 [2d Dept 2000]).

The court correctly interpreted the agreements governing the valuation...

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