McGrann Paper Corp. v Oneida Madison Pennysavers, Inc.
2008 NY Slip Op 02418 [49 AD3d 1310]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


McGrann Paper Corporation, Respondent, v Oneida Madison Pennysavers, Inc., Appellant. (Appeal No. 2.)

—[*1] Claudia L. Tenney, Clinton, for defendant-appellant.

Law Office of Susan BetzJitomir, Bath (Susan BetzJitomir of counsel), for plaintiff-respondent.

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.

It is hereby ordered that said appeal is unanimously dismissed without costs (see De Long Corp. v Morrison-Knudsen Co., 14 NY2d 346, 347 [1964]; Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Hurlbutt, J.P., Martoche, Lunn, Green and Gorski, JJ.