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DIAMOND ROOFING CO., INC. v. PCL PROPS., LLC

962 CA 16-02351.

153 A.D.3d 1577 (2017)

2017 NY Slip Op 06745

61 N.Y.S.3d 416

DIAMOND ROOFING CO., INC., Respondent, v. PCL PROPERTIES, LLC, Appellant. (Appeal No. 1.)

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

Decided September 29, 2017.

It is hereby ordered that the judgment insofar as appealed from is unanimously reversed on the law without costs, the awards of attorney's fees and prejudgment interest at the rate of 18% per annum are vacated, and plaintiff is awarded prejudgment interest at the rate of 9% per annum from September 30, 2015 to August 16, 2016 in the sum of $18,934.40.

Memorandum: Plaintiff commenced this action to recover damages for breach...

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