General Electric Capital Corporation v. Bestway Tour & Travel, Inc. et al, No. 1:2009cv00442 - Document 40 (S.D.N.Y. 2012)

Court Description: OPINION AND ORDER: Plaintiff General Electric Capital Corporation ("General Electric") filed this action on January 15, 2009 against Defendants Bestway Tour & Travel, Inc. ("Bestway Tour"), Wilson Cheng and Vivian Cheng, seeking m oney owed under a series of guaranty agreements. The Court sustains the objections in part and overrules them in part, and adopts the Report as the opinion of the Court, except to the extent inconsistent with this opinion. For the foregoing reasons, the Court adopts Judge Fox's Report, except as to the three issues discussed above. The Court awards the following damages in addition to the $249,114.41 specified in Judge Fox's Report: (1) an additional $167,148.00 in outstandi ng rent under Lease 1 and (2) $52,901.00 for the terminal rental adjustment under Lease 2. General Electric is also awarded prejudgment interest, as calculated by the Clerk of Court, commencing from January 15, 2009 through the entry of judgment , at the rate of nine percent per annum and post-judgment interest, to be calculated by the Clerk of Court, pursuant to 28 U.S.C. § 1961 (a), commencing from the date of judgment. Additionally, all three Defendants shall be held jointly and sev erally liable for the total damage award. The Clerk of Court is respectfully directed to docket General Electric's objections to the Report, to enter judgment for General Electric, and to close the case. (Signed by Judge Ronnie Abrams on 11/7/2012) (ja)