Cerami v. Novartis AG et al
| Anthony Cerami |
| Novartis AG and Novartis Vaccines and Diagnostics, Inc. |
| 1:2007cv05634 |
| June 13, 2007 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Alvin K. Hellerstein |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Filing
128
ORDER REGULATING INTEREST ON JUDGMENT: Adopting the sixty-day period of the Rockefellerl Novartis agreement, I consider that breach occurred sixty days after the demand, when Novartis failed to pay in response to Cerami's demand. I fix that date as July 31, 2006 (July 30 was a Sunday), and similarly, sixty days after the close of each quarter thereafter. Nikolis v. Reznick, 625 N.Y.S.2d 580, 580 (App. Div. 1995) ("The terms of CPLR 5001(b) authorize the court to direct that interest be calculated at least from when the appellants' time to perform their part of the parties' bargain...."). Cerami shall re-compute interest according to my rulings, seek agreement from Novartis, and submit same to me, by May 28, 2009. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/21/2009) (tve)
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Filing
57
MEMO ENDORSEMENT on 52 NOTICE OF MOTION BY BAYER HEALTHCARE LLC FOR AN ORDER SEALING CONFIDENTIAL DOCUMENTS. ENDORSEMENT: Motion denied as premature in light of endorsed order issued this day. (Signed by Judge Alvin K. Hellerstein on 3/3/2009) (jpo)
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