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MATTER OF LERNER v. CREDIT SUISSE SEC. (USA) LLC

Index No. 652771/19, 657268/19. Appeal No. 13721-13722. Case No. 2020-03381, 2020-05002N.

193 A.D.3d 649 (2021)

147 N.Y.S.3d 31

2021 NY Slip Op 02604

In the Matter of Joseph Todd Lerner et al., Respondents, v. Credit Suisse Securities (USA) LLC, Appellant. Credit Suisse Securities (USA) LLC, Respondent-Appellant, v. Richard DellaRusso et al., Appellants-Respondents.

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

Decided April 29, 2021.

Attorney(s) appearing for the Case

Epstein Becker & Green, P.C., New York ( Kenneth J. Kelly of counsel), for appellant.

Lax & Neville LLP, New York ( Barry R. Lax of counsel), for appellants-respondents/respondents.

Dewey Pegno & Kramarsky LLP, New York ( David S. Pegno of counsel), for respondent-appellant.

Concur—Kapnick, J.P., Moulton, Scarpulla, Mendez, JJ.

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered on or about September 30, 2020, which, to the extent appealed from as limited by the briefs, denied petitioner Credit Suisse Securities (USA) LLC's petition and respondents Richard DellaRusso and Mark Sullivan's cross motion to vacate an arbitration award insofar as it awarded attorneys' fees under Labor Law § 198(1-a) and prejudgment interest at a rate of 4%, rather than 9%, unanimously modified, on...

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