Legal Opinion

Rochester Carting Co. v. Levitt

New York Court of Appeals

Decided March 24, 1975PublishedCited by 22 opinions

1Opinion of the Court

Chief Judge Breitel.

In a CPLR article 78 proceeding, petitioner-claimant seeks additional post-judgment interest on a judgment award by the Court of Claims for an appropriation in eminent domain. ¡The issue is whether subdivision 7 of section 20 of the Court of Claims Act, governing interest on judgments against the State, is unconstitutional insofar as it limits interest on an eminent domain award ‘ ‘ until the twentieth day after the comptroller is authorized to issue his warrant for the payment thereof ”. ¡Special Term granted the petition On the theory that the statute was…

2Cases cited6 opinions

  1. Wolf v. CommonwealthSupreme Court of Pennsylvania · 1961
  2. Woodworth v. CommonwealthMassachusetts Supreme Judicial Court · 1967
  3. Hammond v. State Roads CommissionCourt of Appeals of Maryland · 1966
  4. People ex rel. Evers v. GlynnAppellate Division of the Supreme Court of the State of New York · 1908
  5. 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

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Boatmen's First National Bank of Kansas City v. Bogina Petroleum EngineersMissouri Court of Appeals · 1990
  2. In re the County of NassauNew York Court of Appeals · 1977
  3. Juracka v. FerraraAppellate Division of the Supreme Court of the State of New York · 1986
  4. ERHAL Holding Corp. v. RusinAppellate Division of the Supreme Court of the State of New York · 1998
  5. State Highway Commission v. DeLong Corp.Oregon Supreme Court · 1976

17 more not listed; retrieve them via the Exa API.

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