Legal Opinion

In re City of New York

New York Supreme Court

Decided June 4, 1968PublishedCited by 21 opinions

1Opinion of the CourtAbraham N. Geller, J.

The question of the proper rate of interest to be directed to be paid in this condemnation proceeding raises fundamental issues of importance.

Section B15-28.0 of the Administrative Code of the City of New York provides that interest from date of vesting shall be paid by the city to the respective owners and section 3-a of the General Municipal Law provides that the rate of interest to be paid upon any judgment or accrued claim against a municipal corporation arising out of condemnation proceedings shall not exceed 4%. When the owners (claimants) urged on the hearing of objections that 6% was…

2Cases cited4 opinions

  1. Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
  2. Seaboard Air Line Railway Co. v. United StatesSupreme Court of the United States · 1923
  3. Matter of City of N.Y. (Bronx River Parkway)New York Court of Appeals · 1940
  4. In re Acquiring Title by the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1940

3Cited by21 opinions

  1. In re the City of New YorkNew York Court of Appeals · 1983
  2. Department of Transportation v. RasmussenAppellate Court of Illinois · 1982
  3. Kansas City v. WebbSupreme Court of Missouri · 1972
  4. Metropolitan Transportation Authority v. American Pen Corp.New York Court of Appeals · 1999
  5. City of New York v. Estate of LevineAppellate Division of the Supreme Court of the State of New York · 1993

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