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B KING CHICK LLC v. ORGANIZATION FOR DEFENSE OF FOUR FREEDOMS FOR UKRAINE, INC.

Index No. 850122/22, Appeal No. 2330, Case No. 2023-04846.

2024 NY Slip Op 02770

B KING CHICK LLC, Appellant, v. ORGANIZATION FOR DEFENSE OF FOUR FREEDOMS FOR UKRAINE, INC., Respondent, ESTEBAN A. KACZURAK ET AL., Defendants.

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

Decided May 21, 2024.

Attorney(s) appearing for the Case

Berger Fink LLP, Forest Hills ( Eric Rosenberg of counsel), for appellant.

Drobenko & Associates, P.C., Astoria ( Walter Drobenko of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Moulton, Mendez, Rosado, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Francis A. Kahn, III, J.), entered on or about June 26, 2023, which insofar as appealed from, granted defendant Organization for Defense of Four Freedoms for Ukraine, Inc. (ODFFU)'s order to show cause seeking to preclude plaintiff from recovering compounded default interest, unanimously affirmed, without costs.

Supreme Court properly held that simple interest applies to the subject note because there is no express agreement...

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