Matter of Minzesheimer v. . Prendergast
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 6, 1911, which modified and affirmed as modified an order of Special Term denying a motion to compel payment of interest upon a street closing award. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 6, 1911, which modified and affirmed as modified an order of Special Term denying a motion to compel payment of interest upon a street closing award. The facts, so far as material, are stated in the opinion. The commissioners were not to he concerned whether title had or had not vested prior to the time they made their report except to ascertain the damages as of the prior date if the title had vested, and as of the date of their report if it had not vested. If it had so vested,…
1Opinion of the CourtChase, J.
By the order appealed from the comptroller was directed to pay the appellant interest on an award made to him in the Walton avenue proceeding from July 27, 1906 (thirty days after demand), to the date of payment. The appellant seeks to compel the comptroller to pay him interest on such award from November 2, 1895, the date when a map was filed pursuant to section 2, chapter 1006, Laws of 1895, omitting certain streets fronting upon lands owned by the appellant, to July 27, 1906. It is provided in section 14 of said act of 1895 that when application is made by a person interested in land…
2Cases cited1 opinion
- Matter of Edelmuth v. . PrendergastNew York Court of Appeals · 1911
3Cited by12 opinions
- Kieselbach v. CommissionerSupreme Court of the United States · 1943
- Matter of City of New York (West 151st St.)New York Court of Appeals · 1918
- 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
- La Porte v. State of New YorkNew York Court of Appeals · 1959
- In re the Corporation CounselAppellate Division of the Supreme Court of the State of New York · 1940
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