Opinion
No. CA 07-02143.
March 14, 2008.
Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered June 29, 2005 in a breach of contract action. The order, among other things, adjudged that plaintiff is entitled to recover prejudgment interest at the statutory rate against defendant.
CLAUDIA L. TENNEY, CLINTON, FOR DEFENDANT-APPELLANT.
LAW OFFICE OF SUSAN BETZJITOMIR, BATH (SUSAN BETZJITOMIR OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Hurlbutt, J.P., Martoche, Lunn, Green and Gorski, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs ( see De Long Corp. v Morrison-Knudsen Co., 14 NY2d 346, 347; Hughes v Nussbaumer, Clarke Velzy, 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).