Legal Opinion
Marine Midland Bank, N. A. v. State
New York Court of Claims
Decided March 18, 1983No. Claim No. 64903PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Jeremiah J. Moriarty, J.
On June 2,1980, pursuant to the EDPL and section 30 of the Highway Law, the State of New York appropriated a portion of claimant’s real property, located in the Town of Amherst, Erie County. Upon the trial of the claim based upon the appropriation, claimant raised the issue of the proper prejudgment interest rate to be applied to the award made herein. It is claimant’s position that the 6% statutory rate, pursuant to section 16 of the State Finance Law, is so unconscionably low that it does not afford the claimant “just compensation”. Although we…
2Cases cited20 opinions
- Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
- Seaboard Air Line Railway Co. v. United StatesSupreme Court of the United States · 1923
- Jacobs v. United StatesSupreme Court of the United States · 1933
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- Matter of City of N.Y. (Bronx River Parkway)New York Court of Appeals · 1940
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3Cited by3 opinions
- Redevelopment Agency v. GilmoreCalifornia Supreme Court · 1985
- Redevelopment Agency v. GilmoreCalifornia Supreme Court · 1985
- Yonkers Racing Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1990