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NYCTL 1998-2 TRUST v. WAGNER

2007-09103.

2009 NY Slip Op 02905

NYCTL 1998-2 TRUST, ETC., respondent, v. MARTIN WAGNER, ET AL., defendants; BRETT MORGAN, LLC, as assignee of DEBCON FINANCIAL SERVICES, INC., nonparty-appellant.

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

Decided April 14, 2009.

Attorney(s) appearing for the Case

Lindenbaum & Young, Brooklyn, N.Y. (Alan Young of counsel), for nonparty-appellant.

Rosicki, Rosicki & Associates, P.C., Plainview, N.Y. (Andrew Morganstern of counsel), for respondent.

Before: Reinaldo E. Rivera, J.P., Joseph Covello, John M. Leventhal, Cheryl E. Chambers, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

"Interest under CPLR 5002 is a matter of right and is not dependent upon the court's discretion or a specific demand for it in the complaint'" (Matter of Goldberger v Fischer, 54 A.D.3d 955; quoting Matter of Kavares [Motor Veh. Acc. Indem Corp], 29 A.D.2d 68, 70-71). Thus, despite the appellant...

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