TOM SAWYER MOTOR INNS, INC. v. COUNTY OF CHEMUNG


32 N.Y.2d 775 (1973)

Tom Sawyer Motor Inns, Inc., Respondent, v. County of Chemung, Appellant.

Court of Appeals of the State of New York.

Decided May 2, 1973.


Attorney(s) appearing for the Case

Ralph Cramer and James E. Personius for appellant.

M. Bates Davidson for respondent.

Concur: Chief Judge FULD and Judges BURKE, GABRIELLI, JONES and WACHTLER. Judge BREITEL dissents and votes to modify in the following opinion in which Judge JASEN concurs.


Order affirmed, with costs.

BREITEL, J. (dissenting in part).

I would modify to reduce the rate of interest in the computation of the judgment from 6% to 3% as provided in section 3-a of the General Municipal Law, at the time the judgment was rendered.

This case does not involve an appropriation of an interest in property subject to the law of eminent domain. The reference in the dissenting opinion in Boomer v. Atlantic Cement Co.<...

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