Premier Mountings, Inc. v. Clyde Duneier, Inc.

Full title: PREMIER MOUNTINGS, INC., Plaintiff, v. CLYDE DUNEIER, INC. Defendant

Court: United States District Court, S.D. New York

Date published: Feb 28, 2005

No. 02 Civ. 4897 (DLC) (S.D.N.Y. Feb. 28, 2005)

Opinion

No. 02 Civ. 4897 (DLC).

February 28, 2005

Joseph R. Sahid, Law Offices of Joseph R. Sahid, New York, NY, Attorney for Plaintiff.

Richard S. Lefkowitz, Lefkowitz Edelstein, New York, NY, Attorney for Defendant.

ORDER

DENISE COTE, District Judge

Per this Court's November 12, 2004 Order, the plaintiff submitted a proposed judgment on December 10, 2004; the defendant submitted its opposition on January 7, 2005; and the plaintiff submitted its reply on January 10. Among the aspects of the plaintiff's proposed judgment about which plaintiff and defendant disagree is the amount of late fees to which plaintiff is entitled. Plaintiff estimates these fees at $94,315.40 while defendant lists them at $89,999.11.

At the conclusion of trial, this Court found that the late fees to which plaintiff is entitled were to be calculated at a rate of 1.5 percent per month if full payment was not made by the due date, a manner of calculation affirmed by the Second Circuit in its September 23, 2004 Summary Order. It is hereby

ORDERED that each party shall document for the Court how it calculated the above figures by March 4, 2005.