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Kennerson v. Labarbera

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


March 26, 2008

SHANNON KENNERSON, DOING BUSINESS AS KENNERSON LAWN & LANDSCAPING ASSOCIATES, PLAINTIFF,
v.
VINCENZO LABARBERA, INDIVIDUALLY, ALSO KNOWN AS VINCE LABARBERA, DOING BUSINESS AS LABARBERA EXCAVATING, DOING BUSINESS AS VINCENZO LABARBERA, ALSO KNOWN AS VINCENT LABARBERA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: David G. Larimer United States District Judge

ORDER

On March 12, 2008, the Court issued a Decision and Order granting a motion by defendant Selective Insurance Company of America ("Selective") for summary judgment on its second and fourth cross-claims (Dkt. #36). In that Decision and Order, the Court ordered defendants Vincenzo LaBarbera, individually and d/b/a LaBarbera Excavating and LaBar Enterprises of Rochester, Inc., to pay damages to Selective in the total amount of $115,011.47, with interest to be calculated on $80,011.47 of that amount pursuant to the terms of the Indemnity Agreement between the parties.

Although the dates from which interest would be calculated pursuant to the Indemnity Agreement may differ as between the payments which comprised the $80,011.47 component, and the remainder of the total damages, Selective is entitled to an award of interest on the entire damages amount. The Court's previous Decision and Order (Dkt. #36) remains in full force and effect, except that the award of interest is to be calculated on the entire damages award of $115,011.47.

IT IS SO ORDERED.

20080326

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