BRUNNER v. CITY OF NEW YORK


280 A.D. 965 (1952)

Charles A. Brunner et al., Respondents, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 12, 1952.


Per Curiam.

Under the circumstances here disclosed, the mere signing of the payroll under protest, was not such demand for the payment of a particular sum or claim as is prerequisite for the running of interest against a municipality (Rapid Transit Subway Constr. Co. v. City of New York, 259 N.Y. 472, 495, 496 and cases cited therein).

The order and judgment appealed from should be modified by providing that interest on the sums recovered by...

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