DeLeonardis v. EFG Plumbing & Heating Corp.

Full title: FRANK DELEONARDIS, Appellant, v. EFG PLUMBING HEATING CORP., Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 21, 1995

222 A.D.2d 339 (N.Y. App. Div. 1995)

636 N.Y.S.2d 619

Opinion

December 21, 1995

Appeal from the Supreme Court, Bronx County (Joseph DiFede, J.).

Plaintiff, as the prevailing party in this breach of contract action, is entitled to prejudgment interest from November 7, 1988, the date the trial court determined the cause of action accrued (CPLR 5001 [a], [b]; Matter of Solow v. Wellner, 86 N.Y.2d 582, 589-590). The balance of plaintiff's arguments, however, are unpersuasive as the record supports the trial court's resolution of credibility issues and we see no reason to disturb its findings.

Concur — Wallach, J.P., Kupferman, Ross, Williams and Tom, JJ.