METRO-GEM LEASING & FUNDING CORP. v. DANCY AUTO GROUP, LLC

2018-04132. Index No. 606783/15.

183 A.D.3d 611 (2020)

123 N.Y.S.3d 617

2020 NY Slip Op 02638

Metro-Gem Leasing & Funding Corp., Respondent, v. Dancy Auto Group, LLC, et al., Defendants, and John Carey, Appellant.

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

Decided May 6, 2020.


Ordered that the judgment is modified, on the law and the facts, by deleting the provisions thereof (1) awarding the plaintiff the principal sum of $3,362,500, and (2) awarding the plaintiff prejudgment interest in the amount of $1,654,534.25, calculated at the contractual loan default rate of 20% per annum from September 1, 2015, and substituting therefor a provision awarding the plaintiff the principal sum of $3,350,116; as so modified, the order is affirmed, without costs...

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