Legal Opinion

Matter of City of New York (West 151st St.)

New York Court of Appeals

Decided January 29, 1918PublishedCited by 11 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 29, 1917, which affirmed an order of Special Term denying a motion for an order directing payment of additional interest on an award in street closing proceedings. The facts, so far as material, are stated in the opinion.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 29, 1917, which affirmed an order of Special Term denying a motion for an order directing payment of additional interest on an award in street closing proceedings. The facts, so far as material, are stated in the opinion. Under article 5 of the amendments to the Constitution of the United States and article 1, section 6, of the New York Constitution, chapter 1006 of the Laws of 1895, and sections 970, 990 and 1001 of the Greater New York charter, the claimants are…

1Opinion of the Court

Hiscock, Ch. J.

This appeal involves the question of interest to be paid on an award in street closing proceedings instituted under chapter 1006 of the Laws of 1895, and the respective dates of certain steps in that proceeding become important in the consideration and determination of the question presented to us.

Commissioners duly appointed in the proceeding made their report awarding damages to appellants’ testator April 24th, 1914. On notice given by the city of application for confirmation, this report was confirmed May 14th, 1915. Demand for payment of the award was made November 12th,…

2Cases cited3 opinions

  1. In re MinzesheimerAppellate Division of the Supreme Court of the State of New York · 1911
  2. Matter of Minzesheimer v. . PrendergastNew York Court of Appeals · 1912
  3. Matter of Edelmuth v. . PrendergastNew York Court of Appeals · 1911

3Cited by11 opinions

  1. Kieselbach v. CommissionerSupreme Court of the United States · 1943
  2. Seaside Improvement Co. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1939
  3. In re the City of New York Relative to Acquiring Title to the LandsAppellate Division of the Supreme Court of the State of New York · 1926
  4. La Porte v. State of New YorkNew York Court of Appeals · 1959
  5. Isham v. CommissionerUnited States Board of Tax Appeals · 1932

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