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HANOVER COMPANY STORE, LLC v. HOME DEPOT U.S.A., INC.

Index No. 653385/19, Appeal No. 2138, Case No. 2023-04674.

2024 NY Slip Op 02256

HANOVER COMPANY STORE, LLC, Plaintiff-Appellant-Respondent, v. HOME DEPOT U.S.A., INC. DOING BUSINESS AS HOME DEPOT, Defendant-Respondent-Appellant.

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

Decided April 25, 2024.

Attorney(s) appearing for the Case

Mintz & Gold LLP, New York ( Kevin M. Brown of counsel), for appellant-respondent.

McElroy, Deutsch, Mulvaney & Carpenter LLP, New York ( Ronan P. Doherty of counsel), for respondent-appellant.

Before: Webber, J.P., Friedman, González, Rosado, Michael, JJ.

Judgment, Supreme Court, New York County (Barry B. Ostrager, J.), entered April 13, 2023, after a nonjury trial, awarding defendant $1.1 million plus interest at the statutory rate from December 17, 2018 through the entry of judgment, with interest accruing thereafter at the statutory rate until the judgment is paid in full, and bringing up for review an order, entered on or about March 2, 2023, which denied defendant's request for attorneys' fees, unanimously affirmed, with...

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