Van Derzee v. City of Long Beach
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In our opinion the language of article VIII, section 2, of the New York State Constitution, is to be construed to apply to interest which became due after the effective date of the constitutional provision, irrespective of whether the indebtedness was incurred prior or subsequent to the date it became effective. Moreover, the constitutional provision neither establishes nor affects any substantive right but deals only with a remedy afforded to the creditors of the city on its bonded indebtedness and, therefore, is to be construed as operating retroactively. (City of New York v. Appleby, 219…
2Cases cited9 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Funkhouser v. J. B. Preston Co.Supreme Court of the United States · 1933
- Judd v. Board of Education of Union Free School District No. 2New York Court of Appeals · 1938
- Laird v. . CartonNew York Court of Appeals · 1909
- State Ex Rel. Dos Anigos, Inc. v. LehmanSupreme Court of Florida · 1930
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3Cited by5 opinions
- May v. Board of DirectorsCalifornia Supreme Court · 1949
- Alpert v. HeinNew York Supreme Court · 1957
- Ropico, Inc. v. City of New YorkDistrict Court, S.D. New York · 1976
- Garner v. CherbergWashington Supreme Court · 1988
- Garner v. CherbergWashington Supreme Court · 1988