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MATTER OF GOULD

9366, 947G/08.

172 A.D.3d 554 (2019)

98 N.Y.S.3d 747

2019 NY Slip Op 03918

In the Matter of David Gould, as Co-Executor of the Estate of Harry Rodman, Deceased, Respondent. Alan Bronstein et al., Appellants.

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

Decided May 21, 2019.

The Surrogate correctly awarded petitioner statutory prejudgment interest based on the finding that respondents breached the contract embodied in the promissory note (see CPLR 5001 [a]). Respondents need not have derived some benefit from petitioner to be required to pay statutory interest; interest is merely compensation of the wronged party for the loss of its money (J. D'Addario & Co., Inc. v Embassy Indus., Inc., 20 N.Y.3d 113

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