Matter of Edelmuth 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 April 13, 1911, which reversed an order of Special Term granting a motion for a temporary writ of mandamus to compel the defendant to pay an award made in street opening proceedings and denied said motion.
1Per curiam
The award to the relator did not hear interest until after a demand made on the comptroller for its payment. The appeal from the order of confirmation did not stay relator’s right to make such demand, but the demand made on July 10, 1910, was, in our opinion sufficient. Therefore, the relator is entitled to interest on the award from thirty days after that date until the award be paid.
The order of the Appellate Division should he reversed, and that of Special Term modified, so as to direct that a peremptory writ of mandamus issue directed to the respondent commanding him to pay the award made…
2Cited by8 opinions
- Matter of Minzesheimer v. . PrendergastNew York Court of Appeals · 1912
- 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
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1919
- In re the City of New YorkNew York Supreme Court · 1923
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