Opinion
Argued September 24, 1969
Decided October 30, 1969
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, WILFRED A. WALTEMADE, J.
Eugene Zimmerman and Norman H. Dachs for appellant-respondent.
Richard M. Goldwater and Ann C. McNamara for respondents-appellants.
In action No. 1; Order affirmed, without costs. No opinion.
In action No. 2: Order modified by striking therefrom the allowance of interest upon the sum awarded by the trial court and, as so modified, affirmed, without costs. The defendant is not entitled to recover interest upon money which he was required to contribute pursuant to the contract that he subsequently breached. Under the circumstances, it was incumbent upon the plaintiffs to return to the defendant only the amount of the contributions — i.e., $43,140 — made by him. No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.