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Johns v. Lester Johns

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


June 5, 2009

LESTER A. JOHNS, PLAINTIFF-RESPONDENT,
v.
LESTER JOHNS, INC., MCN CONSTRUCTION, INC., PHILIP E. MCNULTY, INDIVIDUALLY, AND FRANCES MCNULTY, INDIVIDUALLY, DEFENDANTS-APPELLANTS.
IN THE MATTER OF LESTER A. JOHNS, PETITIONER-RESPONDENT-APPELLANT,
v.
LESTER JOHNS, INC., MCN CONSTRUCTION, INC., PHILIP E. MCNULTY, INDIVIDUALLY, FRANCES MCNULTY, INDIVIDUALLY, RESPONDENTS-APPELLANTS-RESPONDENTS, ET AL., RESPONDENTS. (APPEAL NO. 2.)

Appeal and cross appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered February 13, 2008. The order, inter alia, awarded prejudgment interest to plaintiff-petitioner.

PRESENT: CENTRA, J.P., PERADOTTO, GREEN, PINE, AND GORSKI, JJ.

ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

20090605

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