Opinion
2005-457 NC.
Decided November 4, 2005.
Appeal from an order of the District Court of Nassau County, Third District (Anna R. Anzalone, J.), entered on October 12, 2004. The order denied plaintiff's motion for summary judgment and, upon searching the record, dismissed the action.
Order unanimously affirmed without costs.
PRESENT:: RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ.
Contrary to plaintiff's contentions on appeal, the court below properly denied its motion for summary judgment and dismissed the action against defendant. There is no basis to plaintiff's claim for prejudgment interest since plaintiff accepted payment of the principal amount due ( see Crane v. Craig, 230 NY 452, 461). It is noted that the statement of account does not provide that interest is due on the obligation. Thus, the interest did not become part of the debt ( cf. Davison v. Klaess, 280 NY 252, 258). Furthermore, plaintiff is not entitled to costs and disbursements ( see CPLR 8101; UDCA 1906 [a]; 1908). Consequently, we find no basis to disturb the order of the court below.