Legal Opinion

Silverman v. State

Appellate Division of the Supreme Court of the State of New York

Decided July 2, 1975No. Claim Nos. 50765, 52678PublishedCited by 6 opinions

1Opinion of the CourtSweeney, J.

Another phase of this appropriation case was recently determined by this court. (124 Ferry St. Realty Corp. *414v State of New York, 48 AD2d 959). There we were concerned with the claim of the owner of the land appropriated. Here we deal solely with the claim of the mortgagees of the appropriated property. Specifically, we are confronted with two issues: (1) whether the State is liable for a prepayment penalty prescribed in the bond and mortgage; and (2) whether the trial court properly penalized claimants pursuant to subdivision 1 of section 19 of the Court of Claims Act because of the "late…

2Cases cited4 opinions

  1. Gleason v. GleasonNew York Court of Appeals · 1970
  2. Mulligan v. MurphyNew York Court of Appeals · 1964
  3. Copp v. Sands Point Marina, Inc.New York Court of Appeals · 1966
  4. 124 Ferry St. Realty Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by6 opinions

  1. Northwestern Mutual Life Insurance v. Uniondale Realty AssociatesNew York Supreme Court · 2006
  2. Village of Rosemont v. Maywood-Proviso State BankAppellate Court of Illinois · 1986
  3. In re County of RocklandAppellate Division of the Supreme Court of the State of New York · 1991
  4. Fischer v. MMRR Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  5. 124 Ferry Street Realty Corp. v. LefkowitzAppellate Division of the Supreme Court of the State of New York · 1979

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