Davenport v. Martin

Appeal and cross appeal from a judgment of the Supreme Court, Erie County (David J. Mahoney, J.), entered April 29, 2003. The judgment, inter alia, awarded damages to plaintiffs in the aggregate amount of $401,348.76 with prejudgment interest at the rate of 4.7%.

It is hereby ordered that the judgment so appealed from be *874and the same hereby is unanimously modified on the law by providing in the third decretal paragraph that plaintiffs are awarded prejudgment interest at the rate of 9% and vacating in the third decretal paragraph the aggregate and total amounts awarded and in the fourth…