Opinion
CA 04-00338.
February 4, 2005.
Appeal from a judgment of the Supreme Court, Ontario County (James R. Harvey, A.J.), entered January 9, 2004. The judgment, after a nonjury trial, awarded plaintiff the amount of $39,668.03 in an action for breach of contract.
Present: Hurlbutt, J.P., Kehoe, Gorski, Pine and Hayes, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: In affirming the judgment, we note only that the typographical error in the decision concerning the date from which plaintiff is entitled to interest should be disregarded ( see generally CPLR 2001). The judgment recites the correct date from which interest shall run.