`NYSCEF DOC. NO. 49
`
`INDEX NO. 705587/2014
`
`RECEIVED NYSCEF: 07/12/2018
`
`SHORT FORM ORDER
`
`NEW YORK SUPREME COURT - QUEENS COUNTY
`
`Present: HONORABLE CARMEN R. VELASOUEZ (cid:9)
`Justice
`
`IAS PART 38
`
`ZIV AZULAY, individually and as the
`sole managing member on behalf of DMY
`REAL ESTATE, LLC,
`
`Plaintiff, (cid:9)
`
`Index NO. 705587/14
`
`Motion
`Date: April 30, 20118
`
`-against-
`
`SHALOM MALUL a/k/a CHARLES MALUL,
`S&Z DEVELOPMENT, INC., SILVER EQUITIES,
`INC., and GREEN STAR EQUITIES, INC.,
`
`M# 3
`
`Defendants.
`
`Old
`
`141.Orki
`OUCekr, .(-Wkhk
`
`The following papers numbered EF 32-45 read on this motion by the
`plaintiff for an order to set the date from which pre-verdict interest
`should be computed.
`
`Notice of Motion - Affidavits - Exhibits (cid:9)
`Affirmation in Opposition - Exhibits (cid:9)
`
`Papers
`Numbered
`
` EF 32-44
` EF 45
`
`Upon the foregoing papers it is ordered that this motion by the
`plaintiff for an order to set the date from which pre-verdict interest
`should be computed is decided as follows:
`
`CPLR 5001(a) provides for the recovery of interest to the verdict in
`a claim for breach of contract. Further, CPLR 5001(b) provides that
`interest shall be computed from the earliest date the cause of action
`existed, except that interest upon damages incurred thereafter shall be
`computed from the date incurred. Moreover, CPLR 5001(c) provides that
`where, as here, the jury is discharged without specifying the date from
`which interest is to be computed, the court upon motion shall fix the
`date.
`
`In the case at bar, the evidence presented at trial, as well as in
`the moving papers, establishes that defendants breached their obligations
`to furnish final accounting records and paperwork and make final payments
`in June 2009 following a meeting between the parties. Thus, the cause of
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`1 of 2
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`FILED: QUEENS COUNTY CLERK 07/12/2018 11:31 AM
`NYSCEF DOC. NO. 49
`
`INDEX NO. 705587/2014
`
`RECEIVED NYSCEF: 07/12/2018
`
`action existed as of June 2009.
`
`Accordingly, this motion by the plaintiff:is granted, and the clerk
`of the court is directed to compute pre-verdict interest on the principal
`amount awarded by the jury in the sum of $670,178.97 at the statutory
`rate from July 1, 2009.
`
`Date: June 29, 2018
`
`2 —• ?Oley
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`2
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`2 of 2
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