Sonepar Distributors New England D.B.A. Northeast Electrical Distributors v. Kobyluck Construction Company (2010)

SUPPLEMENTAL MEMORANDUM OF DECISION RE OBJECTION TO FINDINGS OF FACT

The court will issue this supplemental memorandum of decision to address 1) the plaintiff's motion for a limited reconsideration of the memorandum of decision, and 2) the plaintiff's request for attorneys fees.

By a memorandum dated May 27, 2010, and filed with the court on May 28, 2010, the court accepted in part and rejected in part the findings of the court appointed fact finder.

With regard to the plaintiff's motion for limited reconsideration, the court finds that after a review of the actual exhibits in this case, that in fact the initial invoice was issued on or about April 9, 2007.   The reference in the fact finder's report to the date of April 9, 2009 was in error.   The error in the date effects the court's calculation of the contractual service charges.   The court finds that, in fact, the plaintiff is entitled to contractual service charges for the period of April 9, 2007, through the date of the hearing before the attorney fact finder on November 12, 2009.

With regard to the plaintiff's motion for attorneys fees, the court finds, after review of the affidavit on file and in consideration of the objection filed, that award of legal fees in the amount of $2,000 is appropriate.

Therefore, the memorandum of decision re objection to findings of fact dated May 27, 2010 and filed May 28, 2010 is amended as follows.   The court will enter the following orders.   The report of the attorney trial referee is accepted to the extent that it determined that there is due from the defendant to the plaintiff the sum of $14,097.05.   Further, the plaintiff is entitled and due service charges on the unpaid balance at the rate of 1.5% per month from April 9, 2007 to the date of the hearing before the attorney trial referee, November 12, 2009.   The sum is calculated at the rate of $7.05 a day for a period of 947 days or $6,669.30.   The court will, therefore, enter a judgment in favor of the plaintiff as against the defendant in the total of $20,766.35.   The clerk may tax costs in favor of the plaintiff.

Cosgrove, J.

Cosgrove, Emmet L., J.