R.F. SCHIFFMANN ASSOCIATES, INC., ET AL., plf-ap, v. BAKER & DANIELS LLP def-res

3072-3073. R.F. SCHIFFMANN ASSOCIATES, INC., ET AL., plf-ap, v. BAKER & DANIELS LLP def-res — Carey & Associates LLC, New York (Michael Q. Carey of counsel), for ap — Borg Law LLP, New York (Jonathan M. Borg of counsel), for res — Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered on or about December 2, 2015, which, to the extent appealed from, dismissed plaintiffs’ breach of contract claim, declined to award late fees, and dismissed all claims as against defendant Weaver Popcorn Company, unanimously modified, on the law and the facts, to award late fees to the extent indicated in this decision, and otherwise affirmed, without costs. Order, same court and Justice, entered May 26, 2016, which awarded plaintiffs $82,202.58, representing principal in the sum of $48,220, plus prejudgment interest at the rate of 9 percent from February 1, 2004 through December 13, 2012, less costs, as against defendant Baker & Daniels LLP, unanimously modified, on the law and the facts, to award interest at 18 percent instead of 9 percent, and otherwise affirmed, without costs.

Plaintiffs’ contention that the trial court (Engoron, J.), improperly disregarded a prior decision of the motion court (Feinman, J.) is unavailing. The motion court found disputed issues of fact, which is hardly the type of finding that required the trial court to rule in plaintiffs’ favor.