People ex rel. Wallaston Realty Co. v. Craig
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the defendant, Charles L. Craig, as comptroller, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 27th day of February, 1919, granting a peremptory writ of mandamus requiring the defendant to pay to the relator a certain award in a street opening proceeding, with interest thereon from December 29, 1906. (See 188 App. Div. 992; 189 id. 914.)
1Opinion of the Court
Mills, J.:
The question here presented is: What interest is the relator entitled to receive upon the award which was made by report of commissioners confirmed on December 29, 1905? The report made the award in name to one Walter E. Duryea, who had been the owner of the land or parcels involved, but at that time he was not the owner and, therefore, was not entitled to the award, the relator being then the owner and so entitled. The city did not pay the award into the Supreme Court. In 1918 the relator made application to the court for an order directing the payment of the award to it, and the…
2Cases cited1 opinion
- In re EinsteinAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- People Ex Rel. Wallaston Realty Co. v. . CraigNew York Court of Appeals · 1920