Legal Opinion

In re the City of New York

New York Court of Appeals

Decided April 22, 1965PublishedCited by 11 opinions

1Opinion of the Court

Memorandum: The order of the Appellate Division should be affirmed, with costs to the City of New York.

The rate of interest to he paid upon any judgment or accrued claim against a municipal corporation arising out of a condemnation proceeding ‘ ‘ shall not exceed four per centum per annum ’ ’ (General Municipal Law, § 3-a). An award of costs to a successful appellant is governed by CPLR 8107, which we do not regard as an unconstitutional diminution of the award. As to damage parcels Nos. 27, 272, 273 and 412, we are satisfied that the reductions made in the Appellate Division were supported…

2Cases cited2 opinions

  1. People Ex Rel. MacCracken v. MillerNew York Court of Appeals · 1943
  2. In re the City of New YorkNew York Supreme Court · 1960

3Cited by11 opinions

  1. Rosen Trust v. RosenAppellate Division of the Supreme Court of the State of New York · 1976
  2. In re the City of New YorkNew York Court of Appeals · 1983
  3. Williams v. StateAppellate Division of the Supreme Court of the State of New York · 1982
  4. G.R.F., Inc. v. Board of Assessors of NassauNew York Court of Appeals · 1977
  5. Fiesinger v. StateNew York Court of Claims · 1976

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