Parsons v Aquino (2005 NY Slip Op 00723)

Parsons v Aquino

2005 NY Slip Op 00723 [15 AD3d 870]

February 4, 2005

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 20, 2005

Allen Parsons, Respondent, v Mario Aquino, Appellant. (Appeal No. 2.)

—[*1]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.

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. Present—Hurlbutt, J.P., Kehoe, Gorski, Pine and Hayes, JJ.