Matter of City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 5, 1913, which affirmed an order of Special Term directing the comptroller of the city of New York to pay to the appellant an award made to it in the above-entitled proceeding, with interest. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 5, 1913, which affirmed an order of Special Term directing the comptroller of the city of New York to pay to the appellant an award made to it in the above-entitled proceeding, with interest. The facts, so far as material, are stated in the opinion. The lower court erred in holding that petitioner was entitled to simple interest only on the principal of the award, for by the express provision of section 990 of the charter, where title is vested in the city before an award is…
1Opinion of the CourtWerner, J.
The Harlem Biver and Portchester Railroad Company appeals from the order herein only so far as it concerns the amount of interest which has been added to the award; and it claims interest upon one or the other of two theories, either of which would yield a larger sum than it received.
The court at Special Term allowed simple interest from the vesting of title on August 10, 1905, to May 9, 1910; the latter date marking the expiration of six months from the time of the filing of the report of commissioners, and then again allowed simple interest from the 24th day of February, 1911, when a demand…
2Cases cited6 opinions
- In re MinzesheimerAppellate Division of the Supreme Court of the State of New York · 1911
- Matter of Minzesheimer v. . PrendergastNew York Court of Appeals · 1912
- In Re the City of New YorkNew York Court of Appeals · 1904
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Matter of Long Island R.R. Co. v. HylanNew York Court of Appeals · 1925
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1927