East River Land Co. v. Prendergast
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 4, 1912, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 4, 1912, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion. The city of New York is not liable for interest on disbursements taxed pursuant to section 1000 of the charter unless and until it has failed to pay the amount so taxed after •demand for payment filed with the comptroller. (Matter of Edelmuth, 142 App. Div. 785; 202 N. Y. 602; Barnes v. Mayor, etc., 27 Hun, 238; Taylor…
1Opinion of the CourtVann, J.
In February, 1905, a proceeding was instituted by the city of New York to acquire by condemnation certain lands of the East River Land Company for the purpose of a public park. In January, 1906, commissioners to assess the damages were appointed and numerous hearings were had before them when in November, 1907, the entire proceeding was discontinued by the city as the charter permitted. Thereupon the land company applied on notice to the city and pursuant to a statute relating to the subject for the taxation of the disbursements which it had necessarily incurred in the matter. This resulted…
2Cited by9 opinions
- Wachs v. WinterDistrict Court, E.D. New York · 1983
- Matter of ErlangerNew York Court of Appeals · 1923
- In the Matter of Merger and ConsolidationNew Jersey Superior Court Appellate Division · 1949
- Board of Mgrs. of the 25th Charles St. Condominium v. SeligsonAppellate Division of the Supreme Court of the State of New York · 2015
- Hartman v. City of New YorkNew York Supreme Court · 1961
4 more not listed; retrieve them via the Exa API.