Opinion
Argued May 16, 1938
Decided May 31, 1938
Appeal from the Supreme Court, Appellate Division, Second Department.
Benjamin Lewis and Alfred B. Nathan for appellant. Norman Winer for respondent.
In a case covered by section 480 of the Civil Practice Act where there is no question of fact as to the amount, it is the duty of the court to add to the verdict of the jury interest from the date of the breach of the contract.
The order should be affirmed, with costs, and the question certified answered in the affirmative.
LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur; CRANE, Ch. J., taking no part.
Order affirmed, etc.