1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 16 N.Y.2d
  5. 16 N.Y.2d 497 (1965)
 

MATTER OF CITY OF NEW YORK

16 N.Y.2d 497 (1965)

In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property Required for Lincoln Square Slum Clearance Project Within the Area Bounded by West 60th Street and Other Streets in the Borough of Manhattan. Schnurmacher Corporation et al., Appellants.

Court of Appeals of the State of New York.

Decided April 22, 1965.

Attorney(s) appearing for the Case

Bernard L. Bermant and Edward F. McShane for appellants on damage parcels 27, 329, 384 and 412 and for appellants on review of order which denied motion concerning interest.

Samuel Goldstein, Arthur D. Goldstein and M. Robert Goldstein for appellants on damage parcels 85-88, 167-168, 272 and 273.

Eugene J. Morris, Isaac Sherman and Lazarus Joseph for appellant on damage parcels 323 and 359.

Leo A. Larkin, Corporation Counsel (Milton H. Harris, Irving Genn and Seymour B. Quel of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, FULD, BURKE, SCILEPPI and BERGAN concur in MEMORANDUM; Judge VAN VOORHIS dissents and votes to modify the order by reinstating the award of Special Term as to parcels 27, 272, 273 and 412, and, as so modified, to affirm.

MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs to the City of New York.

The rate of interest to be paid upon any judgment or accrued claim against a municipal corporation arising out of a condemnation proceeding "shall not exceed four per centum per annum" (General Municipal Law, § 3-a). An award of costs to a successful appellant is governed by CPLR 8107, which we do not regard...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases