Legal Opinion

Murphy v. Prendergast

New York Supreme Court

Decided March 15, 1917PublishedCited by 5 opinions

Application for a peremptory writ of mandamus.

1Opinion of the CourtCropsey, J.

The' application is for the allowance and payment of interest upon an award for damages for the change of grade in front of petitioner’s premises; interest is claimed from the time of the actual change of grade to the time of payment of the award. There is no issue of fact. In October, 1913, the physical work of grading Twenty-third avenue was com*327menced and it was completed on May 30, 1914. On January 19, 1915, an award of $1,000 for petitioner’s damage was confirmed, and this sum was paid on February 9, 1915. At the time petitioner signed a receipt which stated that it was ‘‘ in full payment…

2Cases cited14 opinions

  1. Ryan v. . WardNew York Court of Appeals · 1872
  2. Cutter v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1883
  3. Komp v. . RaymondNew York Court of Appeals · 1903
  4. Clark v. . StateNew York Court of Appeals · 1894
  5. Hamilton v. . Van RensselaerNew York Court of Appeals · 1871

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Matter of Crane v. . CraigNew York Court of Appeals · 1921
  2. Union Trust Co. v. KaplanAppellate Division of the Supreme Court of the State of New York · 1936
  3. School District No. 1 v. Teachers' Retirement Fund Ass'nOregon Supreme Court · 1939
  4. Adventurers Whitestone Corp. v. City of New YorkNew York Court of Appeals · 1985
  5. Allen v. StateNew York Court of Claims · 1921

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