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VOGEL v. VOGEL

Index No. 112665/08. Appeal No. 14686. Case No. 2020-04317.

199 A.D.3d 597 (2021)

158 N.Y.S.3d 75

2021 NY Slip Op 06568

Winston D. Vogel, Respondent-Appellant, v. Ruth Vogel, Also Known as Ruth Vogel Lipkis, Appellant-Respondent.

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

Decided November 23, 2021.

Attorney(s) appearing for the Case

Munzer & Saunders, LLP, New York ( Craig Saunders of counsel), for appellant-respondent.

Doron Zanani , New York, for respondent-appellant.

Concur—Kern, J.P., Gesmer, González, Shulman, Higgitt, JJ.

The court properly rejected plaintiff's claim that he was entitled to interest as if he had asserted a breach of contract claim, since he commenced this action seeking equitable relief (see CPLR 5001[a]; see also Matter of Carvel v Davis, 255 A.D.2d 315 [2d Dept 1998]). The court also properly denied plaintiff's request for an award of interest on the entire $91,191.43 held in escrow as of March 2016 since defendant had no...

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