Legal Opinion

In re City of New York

New York Supreme Court

Decided September 19, 2007PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Abraham G. Gergbs, J.

In this eminent domain proceeding, claimant Malba Cove Properties, Inc. moves for an order: (1) precluding the City of New York from making a payment into the court or, in the alternative, (2) declaring that the final award has not yet been made available and continues to earn interest at the rate provided in the final decree.

Facts and Procedural Background

The City acquired title to the subject property on February 29, 1996. On November 25, 2002, an advance payment in the amount of $880,000, plus interest, was authorized. On November 18, 2005, the City…

2Cases cited34 opinions

  1. Seaboard Air Line Railway Co. v. United StatesSupreme Court of the United States · 1923
  2. Jacobs v. United StatesSupreme Court of the United States · 1933
  3. City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
  4. Matter of City of N.Y. (Bronx River Parkway)New York Court of Appeals · 1940
  5. In re the City of New YorkNew York Court of Appeals · 1983

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3Cited by1 opinion

  1. In re City of New YorkNew York Supreme Court · 2010

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