In re City of New York

Kapper, J. (dissenting):

I dissent and vote to modify the order so as to award interest from July 3, 1919, the date of the demand, to July 28, 1919, the *665date of payment. (Matter of Mayor [Mount Vernon Avenue], 199 N. Y. 559.) The city on this appeal did not dispute the claim of the appellant that it was entitled in any event to interest between said dates. On the authority of Matter of Edelmuth v. Prendergast (202 N. Y. 602; 142 App. Div. 785) and Matter of City of New York [White Plains Road] (187 id. 355), the failure to demand interest, notwithstanding the pendency of the appeal from the…