Radec Corp. v. KMart Corp.

—Judgment unanimously reversed on the law without costs and motion denied. Memorandum: In litigation arising from the construction of a KMart store in Batavia, plaintiff, The Radec Corporation (Radec), who was then a defendant, asserted a cross claim against the general contractor, defendant Dominick P. Massa & Sons, Inc. (Massa), for the unpaid balance due under its subcontract. Supreme Court erred in granting Radec’s motion for summary judgment seeking, inter alia, prejudgment interest (see, CPLR 5001) calculated from January 1, 1995 on partial payments made by Massa in April and May 1995…