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In re City of New York (Upper N.Y. Bay)

In the Matter of the Application of the City of New York, Appellant, Relative to Acquiring Title to Real Property on Upper New York Bay in the Borough of Richmond. Charles W. Berry, as Comptroller of the City of New York, Appellant; Staten Island Railway Company, Respondent

In re City of N.Y. (Upper N.Y. Bay), 161 N.E. 420 (N.Y. 1928)
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Court
New York Court of Appeals · State Highest Courts
Decided
May 1, 1928
Judges
<italic>Per Curiam.</italic>
Citations
161 N.E. 420248 N.Y. 641928 N.Y. LEXIS 1223

Opinion of the Court — Per Curiam

Per Curiam.

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 ”

*67 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1933: 11934: 119332026peak 1933 · 1

Relies on it most ⓘ

  1. In re City of New York (Chrystie St.)190 N.E. 654 (N.Y. 1934)
  2. In re the City of New York239 A.D. 314 (1933)

Most recent

  1. In re City of New York (Chrystie St.)190 N.E. 654 (N.Y. 1934)
  2. In re the City of New York239 A.D. 314 (1933)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
In re City of N.Y., 147 N.E. 179 (N.Y. 1924) 5
In re City of N.Y., 209 A.D. 662 (1924) 4

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