DAVID BERRY res-ap, v. RANDOLPH L. WILLIAMS, ETC. APPELLANTS-res

DAVID BERRY res-ap, v. RANDOLPH L. WILLIAMS, ETC. APPELLANTS-res — (INDEX NO. 4973/00)In an action, inter alia, to recover damages for breach of contract, (1) the defendants appeal (a), as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Dutchess County (Sproat, J.), dated June 7, 2012, as, upon remittitur from this Court by decision and order dated September 13, 2011 (see Berry v. Williams, 87 AD3d 958), in effect, denied that branch of their cross motion which was for the entry of an amended judgment which included a calculation of the amount of interest due and owing with respect to each of the principal sums owed and a calculation of the total amount due and owing after calculation of the interest and after taking into account any sums already disbursed by and to the parties, and (b) from an amended judgment of the same court, also dated June 7, 2012, which, upon the order dated June 7, 2012, inter alia, failed to include a calculation of the amount of interest due and owing and failed to specify the total amount due and owing after calculation of the interest and after taking into account any sums already distributed by and to the parties, and (2) the plaintiffs cross-appeal (a) from stated portions of the order dated June 7, 2012, and (b) from the amended judgment dated June 7, 2012.

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DAVID BERRY res-ap, v. RANDOLPH L. WILLIAMS, ETC. APPELLANTS-res — (INDEX NO. 4973/00)In an action, inter alia, to recover damages for breach of contract, (1) the defendants appeal (a), as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Dutchess County (Sproat, J.), dated June 7, 2012, as, upon remittitur from this Court by decision and order dated September 13, 2011 (see Berry v. Williams, 87 AD3d 958), in effect, denied that branch of their cross motion which was for the entry of an amended judgment which included a calculation of the amount of interest due and owing with respect to each of the principal sums owed and a calculation of the total amount due and owing after calculation of the interest and after taking into account any sums already disbursed by and to the parties, and (b) from an amended judgment of the same court, also dated June 7, 2012, which, upon the order dated June 7, 2012, inter alia, failed to include a calculation of the amount of interest due and owing and failed to specify the total amount due and owing after calculation of the interest and after taking into account any sums already distributed by and to the parties, and (2) the plaintiffs cross-appeal (a) from stated portions of the order dated June 7, 2012, and (b) from the amended judgment dated June 7, 2012.

ORDERED that the cross appeals are dismissed as abandoned (see 22 NYCRR 670.8[e]); and it is further,

DAVID BERRY res-ap, v. RANDOLPH L. WILLIAMS, ETC. APPELLANTS-res

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