Legal Opinion

Matter of Mott Haven Canal Docks

New York Court of Appeals

Decided October 19, 1909PublishedCited by 3 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 11,1909, which affirmed an order of Special Term confirming the report of a referee in proceedings to determine the persons entitled to an award and directing payment -of such award with interest. The facts, so far as material, are stated in the opinion. The city is not liable for interest on the sum of $46,721.96 from January 18, 1904, to date of payment.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 11,1909, which affirmed an order of Special Term confirming the report of a referee in proceedings to determine the persons entitled to an award and directing payment -of such award with interest. The facts, so far as material, are stated in the opinion. The city is not liable for interest on the sum of $46,721.96 from January 18, 1904, to date of payment. (Carpenter v. Mayor, etc., 51 App. Div. 586; O'Keefe v. City of New York, 176 N. Y. 297; Barnes v. Mayor, etc., 27 Hun, 236;…

1Opinion of the Court

Cullen, Oh. J.

By section 990 of the Greater Hew York charter, relating to condemnation proceedings, where the city appropriates title to land required for streets or parks, prior to the conclusion of the proceedings the commissioners are required to allow as part of the compensation to the landowners interest from the time of vesting title to the date of their report. Section 1001 provides for the payment of the damages awarded by the commissioners with interest from the date of their report. Such interest is to cease, however, six months after the confirmation of the report, unless within…

2Cases cited1 opinion

  1. In Re the City of New YorkNew York Court of Appeals · 1904

3Cited by3 opinions

  1. Matter of City of New YorkNew York Court of Appeals · 1914
  2. In re Manhattan TerminalNew York Supreme Court · 1909
  3. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913

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