J&L Reporting Servs. of Westchester, Inc. v Sussman & Sussman, P.C.

[*1] J&L Reporting Servs. of Westchester, Inc. v Sussman & Sussman, P.C. 2005 NY Slip Op 52303(U) [12 Misc 3d 138(A)] Decided on November 4, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 4, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT:: RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ
2005-457 N C.

J&L REPORTING SERVICES OF WESTCHESTER, INC., Appellant,

against

SUSSMAN & SUSSMAN, P.C., Respondent.

Appeal from an order of the District Court of Nassau County, Third District (Anna R. Anzalone, J.), entered on October 12, 2004. The order denied plaintiff's motion for summary judgment and, upon searching the record, dismissed the action.

Order unanimously affirmed without costs.

Contrary to plaintiff's contentions on appeal, the court below properly denied its motion for summary judgment and dismissed the action against defendant. There is no basis to plaintiff's claim for prejudgment interest since plaintiff accepted payment of the [*2]
principal amount due (see Crane v Craig, 230 NY 452, 461 [1921]). It is noted that the statement of account does not provide that interest is due on the obligation. Thus, the interest did not become part of the debt (cf. Davison v Klaess, 280 NY 252, 258 [1939]). Furthermore, plaintiff is not entitled to costs and disbursements (see CPLR 8101; UDCA 1906 [a]; 1908). Consequently, we find no basis to disturb the order of the court below.
Decision Date: November 4, 2005