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SUSI CONTRACTING CO. v. ANTHONY J. ORLANDO (10/23/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT 1969.NY.43239 <http://www.versuslaw.com>; 304 N.Y.S.2d 452; 33 A.D.2d 548 October 23, 1969 SUSI CONTRACTING CO., INC., RESPONDENT,v.ANTHONY J. ORLANDO, DOING BUSINESS UNDER THE NAME OF A. J. ORLANDO CONTRACTING CO., APPELLANT Concur -- Stevens, P. J., Eager, McGivern, Markewich and McNally, JJ.


Concur -- Stevens, P. J., Eager, McGivern, Markewich and McNally, JJ.

With the exception of the direction for payment of interest, we conclude that the evidence fully supports the findings of fact and conclusions of the Special Referee, confirmed at Special Term. The allowance of interest on the accounting between the joint venturers is a matter for decision on equitable principles, and, under the circumstances here, we deem the appropriate date for the starting of the running of interest to be the date of the final payment by the contractor to the defendant. (See Jackson v. Hunt, Hill & Betts, 20 A.D.2d 458; Shubert v. Lawrence, 27 A.D.2d 292; cf. Sahley v. McKee, 371 F. 2d 720.)

Disposition

Judgment unanimously modified, on the law and the facts, to provide that interest at the rate of 6% on the recovery awarded shall run from November 29, 1957, and otherwise affirmed, with disbursements only to plaintiff-respondent.

19691023

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