Legal Opinion · Dissent
A. R. Fuels, Inc. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided April 19, 1983Published
1Dissent
Kupferman, J. P., dissents in part in a memorandum as follows:
I dissent only with respect to the dismissal by the majority of plaintiff-respondent’s contention that the statutory interest rate of 3% per year* is unconstitutional. I would hold that the application of the 3% annual rate, under the circumstances of this case, constitutes a deprivation of property without the requisite “judicially acceptable, fair return for the deprivation of the use of that property or the money equivalent of that use” (see Matter of County of Nassau [Eveandra Enterprises], 42 NY2d 849, 850-851). This appeal is…
2Cases cited7 opinions
- Prager v. New Jersey Fidelity & Plate Glass Insurance Co. of NewarkNew York Court of Appeals · 1927
- Meilink v. Unemployment Reserves Comm'n of Cal.Supreme Court of the United States · 1942
- In re the County of NassauNew York Court of Appeals · 1977
- American Broadcasting Companies, Inc. v. SiebertNew York Supreme Court · 1981
- A. R. Fuels, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1979
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