Johns v Lester Johns, Inc.
2009 NY Slip Op 04660 [63 AD3d 1669]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


Lester A. Johns, Respondent, v Lester Johns, Inc., et al., Appellants. In the Matter of Lester A. Johns, Respondent-Appellants,
v
Lester Johns, Inc., et al., Appellants-Respondents, et al., Respondents. (Appeal No. 2.)

—[*1] Dadd and Nelson PLLC, Attica (David H. Nelson of counsel), for defendants-appellants and respondents-appellants-respondents.

Glenn R. Morton, Batavia, for plaintiff-respondent and petitioner-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered February 13, 2008. The order, inter alia, awarded prejudgment interest to plaintiff-petitioner.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Peradotto, Green, Pine and Gorski, JJ.