European American Bank v. Strab Construction Corp.
The plaintiff-appellant filed a motion to resettle a prior decision from April 5, 1993, seeking to substitute Marla Strow for the deceased defendant Jerome Strow and to include prejudgment interest in the judgment. The court denied the substitution motion without prejudice, directing an application to the Surrogate's Court and then a motion in the Supreme Court. However, the branch of the motion concerning prejudgment interest was granted, leading to the recall and vacation of the original April 5, 1993 decision, and the substitution of the present decision and order. In this new decision, the appeal against Jerome Strow was dismissed, and the order pertaining to him was vacated because he died before the summary judgment motion was decided. Conversely, the court reversed the prior order concerning defendants Strab Construction Corp. and Gary Rabinowitz, granting summary judgment to the plaintiff for $1,205,000, and remitting the case for the calculation of prejudgment interest and attorney fees.