From Casetext: Smarter Legal Research

Matter of City of New York

Court of Appeals of the State of New York
May 1, 1928
161 N.E. 420 (N.Y. 1928)

Opinion

Argued March 26, 1928

Decided May 1, 1928

Appeal from the Supreme Court, Appellate Division, Second Department.

George P. Nicholson, Corporation Counsel ( Henry W. Mayo of counsel), for appellants. Royal E.T. Riggs and A.S. Gilbert for respondent.


The Greater New York Charter, in section 981 thereof, provides that interest upon all sums awarded in condemnation proceedings shall cease to run "six months after the date of the filing of the final decree" unless "within that time demand therefor, in writing, be served upon the comptroller." The decree made at Special Term, providing for an award to claimant for lands taken, was modified by the Appellate Division, which made a decree providing for an award in a lesser amount. Within six months thereafter the claimant served a written notice upon the Comptroller demanding payment of the amount awarded by the modified decree, with interest. In our judgment, the notice was served upon the Comptroller within six months "after the date of the filing of the final decree," and, therefore, interest upon the award has not ceased to run. This was the holding in Matter of City of New York ( 209 App. Div. 662; affd., 239 N.Y. 524).

The order should be affirmed, with costs.

CARDOZO, Ch. J., POUND, CRANE, LEHMAN and KELLOGG, JJ., concur; ANDREWS and O'BRIEN, JJ., not sitting.

Order affirmed.


Summaries of

Matter of City of New York

Court of Appeals of the State of New York
May 1, 1928
161 N.E. 420 (N.Y. 1928)
Case details for

Matter of City of New York

Case Details

Full title:In the Matter of the Application of the CITY OF NEW YORK, Appellant…

Court:Court of Appeals of the State of New York

Date published: May 1, 1928

Citations

161 N.E. 420 (N.Y. 1928)
161 N.E. 420

Citing Cases

Matter of City of New York

In our view, therefore, it is immaterial whether the final decree of Special Term was modified or in all…

Matter of City of New York

We have always recognized a distinction, in this class of cases, between an affirmance and a modification.…