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ABIR v. MALKY, INC.

59 A.D.3d 646 (2009)

873 N.Y.S.2d 350

FEREYDOON ABIR et al., Appellants-Respondents, v. MALKY, INC., Respondent-Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 24, 2009.

Ordered that the judgment is modified, on the law, the facts, and in the exercise of discretion, by deleting the provisions thereof fixing the rate of interest at which the defendant Malky,

[59 A.D.3d 647]
Inc., could recover under the judgment of foreclosure and sale entered August 10, 2000 at 3.5% per annum, and awarding it interest at that rate from December 18, 2001 and substituting therefor provisions fixing the rate of interest at which the...

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