Alessi Equipment, Inc. v. American Piledriving Equipment, Inc.

Filing 208

AMENDED JUDGMENT: IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED, that Plaintiff is awarded prejudgment interest under C.P.L.R. § 5001 from August 21, 2016 to June 13, 2022, on the award of $920,846.70, at the statutory rate of 9% pe r annum, not compounded, in the amount of $481,817.27; and IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that Plaintiff is awarded prejudgment interest under C.P.L.R. § 5002 from June 13, 2022 to July 7, 2022, on the award of $920,84 6.70 plus the interest awarded under C.P.L.R. § 5001, at the statutory rate of 9% per annum, not compounded, in the amount of $8,300.70; and IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that the Defendant is awarded prejudgment intere st under C.P.L.R. § 5001 from December 15, 2017 to January 6, 2022, on the award of $52,505.92, at the statutory rate of 9% per annum, not compounded, in the amount of $19,199.90; and IT IS FURTHER ORDERED, ADJUDGED, AND DECREED , that the Defendant is awarded prejudgment interest under C.P.L.R. § 5002 from January 6, 2022 to July 7, 2022, on the award of $52,505.92 plus the interest awarded under C.P.L.R. § 5001, at the statutory rate of 9% per annum, not compounded, in the amount of $3,217.92; and IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that, in accordance with the Court's summary judgment decision, the jury verdict, and the Court's December 28, 2022 decision granting prejud gment interest, an amended judgment is entered in favor of the Plaintiff in the total amount of $1,410,964.67 against the Defendant; and IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that, in accordance with the Court's summary judgment de cision, the jury verdict, and the Court's December 28, 2022 decision granting prejudgment interest, an amended judgment is entered in favor of the Defendant in the total amount of $74,923.74 against the Plaintiff; and IT IS FURTHER ORDERED , ADJUDGED, AND DECREED, that post-judgment interest shall accrue at the statutory rate provided for in 28 U.S.C. § 1961, running from the date of entry of the July 7, 2022 judgment. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 12/30/2022) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ALESSI EQUIPMENT, INC.,
Plaintiff,

AMENDED JUDGMENT

-againstAMERICAN PILEDRIVING EQUIPMENT, INC.,

18 Civ. 3976 (JCM)

Defendant.
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AMERICAN PILEDRIVING EQUIPMENT, INC.,
Counterclaim-Plaintiff.
-againstALESSI EQUIPMENT, INC.
Counterclaim-Defendant.
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WHEREAS, Plaintiff Alessi Equipment, Inc. (“Plaintiff”) commenced this action against
Defendant American Piledriving Equipment, Inc. (“Defendant”) on May 4, 2018; and
WHEREAS, Plaintiff filed an amended complaint on July 24, 2018; and
WHEREAS, Defendant filed an answer and asserted counterclaims against Plaintiff on
March 19, 2019;1 and
WHEREAS, on January 11, 2021, this action was assigned to the Honorable Judith C.
McCarthy, United States Magistrate Judge, by consent of the parties pursuant to 28 U.S.C. §
636(c); and

Defendant also asserted a third-party complaint against John L. White on the same date, which was dismissed on
September 16, 2019.
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WHEREAS, on January 6, 2022, the Court issued a decision on the parties’ motions for
summary judgement finding that (1) Plaintiff was entitled to judgment as a matter of law with
respect to liability on its breach of contract claim under the 2012 Distributor Agreement;2 and (2)
Defendant was entitled to summary judgment on its breach of contract counterclaims in their
entirety, and directed Plaintiff to pay $52,505.92, representing the total amount due to
Defendant; and
WHEREAS, this action proceeded to a jury trial on June 8, 2022, to determine damages
related to Plaintiff’s breach of contract claim; and
WHEREAS, at the conclusion of trial on June 13, 2022, the jury rendered a unanimous
verdict awarding Plaintiff $920,846.70 on its breach of contract claim; and
WHEREAS, the Court entered a judgment on June 23, 2022, awarding Plaintiff
$920,846.70 for its breach of contract claim; and
WHEREAS, the Court entered a judgment on July 7, 2022, awarding Defendant
$52,505.92 on its breach of contract counterclaims; thereby making July 7, 2022, the date that
final judgment was entered; and
WHEREAS, on July 21, 2022, Defendant moved for a new trial or remittitur pursuant to
the Federal Rule of Civil Procedure 59 (“Rule 59”) and for judgment as a matter of law pursuant
to Federal Rule of Civil Procedure 50 (“Rule 50”); and

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The Court decided all other remaining claims in its January 6, 2022 Opinion and Order.

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WHEREAS, on July 31, 2022, Plaintiff moved for alteration of the June 23, 2022
judgment pursuant to Rule 59(e) to include prejudgment interest under New York law and postjudgment interest under 28 U.S.C. § 1961; and
WHEREAS, on August 3, 2022, Defendant moved for alteration of the July 7, 2022
judgment pursuant to Rule 59(e) to include prejudgment interest on its breach of contract
counterclaims under New York law; and
WHEREAS, on September 2, 2022, the Court denied Defendant’s motions pursuant to
Rules 50 and 59 for judgment as a matter of law and for a new trial or remittitur; and
WHEREAS, on December 28, 2022, the Court granted in part and denied in part the
parties’ motions pursuant to Rule 59(e) to amend the judgment to include prejudgment interest
under New York Civil Practice Law and Rules (“C.P.L.R.”) §§ 5001 and 5002 and postjudgment interest under 28 U.S.C. § 1961.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED, that Plaintiff is
awarded prejudgment interest under C.P.L.R. § 5001 from August 21, 2016 to June 13, 2022, on
the award of $920,846.70, at the statutory rate of 9% per annum, not compounded, in the amount
of $481,817.27; and
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that Plaintiff is
awarded prejudgment interest under C.P.L.R. § 5002 from June 13, 2022 to July 7, 2022, on the
award of $920,846.70 plus the interest awarded under C.P.L.R. § 5001, at the statutory rate of
9% per annum, not compounded, in the amount of $8,300.70; and

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that the Defendant is
awarded prejudgment interest under C.P.L.R. § 5001 from December 15, 2017 to January 6,
2022, on the award of $52,505.92, at the statutory rate of 9% per annum, not compounded, in the
amount of $19,199.90; and
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that the Defendant is
awarded prejudgment interest under C.P.L.R. § 5002 from January 6, 2022 to July 7, 2022, on
the award of $52,505.92 plus the interest awarded under C.P.L.R. § 5001, at the statutory rate of
9% per annum, not compounded, in the amount of $3,217.92; and
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that, in accordance
with the Court’s summary judgment decision, the jury verdict, and the Court’s December 28,
2022 decision granting prejudgment interest, an amended judgment is entered in favor of the
Plaintiff in the total amount of $1,410,964.67 against the Defendant; and
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that, in accordance
with the Court’s summary judgment decision, the jury verdict, and the Court’s December 28,
2022 decision granting prejudgment interest, an amended judgment is entered in favor of the
Defendant in the total amount of $74,923.74 against the Plaintiff; and

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that post-judgment
interest shall accrue at the statutory rate provided for in 28 U.S.C. § 1961, running from the date
of entry of the July 7, 2022 judgment.
Dated:

December 30, 2022
White Plains, New York
SO ORDERED:
_______________________________
JUDITH C. McCARTHY
United States Magistrate Judge

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