Legal Opinion

Metropolitan Transportation Authority v. American Pen Corp.

New York Court of Appeals

Decided November 18, 1999PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

Is the prejudgment interest rate on property condemned by the Metropolitan Transportation Authority (MTA) 9% (as provided by McKinney’s Uncons Laws of NY § 2501 [L 1939, ch 585, as amended by L 1982, ch 681, § 4]) or 4% (as provided by Public Authorities Law § 1276 [5])? The courts below answered 9% as do we.

In June 1988, the MTA condemned certain easements across American Pen’s property in order to construct a roadway accessing an electric substation. In accordance with EDPL article 3, the MTA appraised the property at $230,000 before the taking and…

2Cases cited5 opinions

  1. Rodriguez v. New York City Housing AuthorityNew York Court of Appeals · 1997
  2. In re the City of New YorkNew York Court of Appeals · 1983
  3. In re City of New YorkNew York Supreme Court · 1968
  4. In re the County of NassauNew York Court of Appeals · 1977
  5. In re City of New YorkNew York Court of Appeals · 1970

3Cited by14 opinions

  1. Metropolitan Transportation Authority v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
  2. Denio v. State of New YorkNew York Court of Appeals · 2006
  3. Auer v. StateAppellate Division of the Supreme Court of the State of New York · 2001
  4. In re New York State Urban Development Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  5. New York Charter Schools Ass'n v. DiNapoliNew York Supreme Court · 2008

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