United States Second Circuit

In a breach of contract action, the district court's order awarding post-judgment interest to plaintiff is vacated where post-judgment interest was to be calculated at the federal rate provided for under 28 U.S.C. section 1961(a) where the court's jurisdiction was premised on the diversity of the citizenship of the parties and the contract giving rise to the action contained a choice-of-law provision directing application of New York law.

Appellate Information

• Argued 02/22/2010
• Decided 05/24/2010
• Published 05/24/2010

Judges

• PER CURIAM:, Before CABRANES and B.D. PARKER, Circuit Judges, and UNDERHILL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Gregory E. Galterio (Ira N. Glauber, of counsel), Jaffe & Asher, LLP, New York, NY, for Appellant Fair Finance Company, Inc.


• For Appellees:
  
• Roger E. Barton (Randall L. Rasey, of counsel), Barton Barton & Plotkin LLP, New York, NY, for Appellee FCS Advisors, Inc.