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STILLMAN v. INSERVICE AMERICA INC.

No. 05 Civ. 6612(GWG).

738 F.Supp.2d 480 (2010)

Donald H. STILLMAN, Jr., Plaintiff, v. INSERVICE AMERICA INC., and Wildfire Partners, Inc., Defendants.

United States District Court, S.D. New York.

September 23, 2010.

Attorney(s) appearing for the Case

William J. McMorris, Jr. and William A. Meehan, Slutsky, McMorris & Meehan, LLP, New York, NY, for plaintiff.

Mark Jonas Block, Kucker & Bruh, LLP, New York, NY, for defendants.

OPINION AND ORDER

GABRIEL W. GORENSTEIN, States Magistrate Judge.

This case raises the issue of whether prejudgment interest is mandatory or discretionary under New York law for a quantum meruit claim. For the reasons stated below, we hold that it is mandatory.

The parties consented to the disposition of this matter by the undersigned pursuant to 28 U.S.C. § 636(c) and a jury trial was held beginning August 23, 2010, on plaintiff...

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