FORTE v. NEW YORK CITY EMPLOYEES' RET. SYS.


34 N.Y.2d 532 (1974)

Anthony J. Forte, as Administrator D. B. N. of The Estate of Alfred Falanga, Deceased, Respondent, v. New York City Employees' Retirement System et al., Appellants.

Court of Appeals of the State of New York.

Decided February 20, 1974.


Attorney(s) appearing for the Case

Norman Redlich, Corporation Counsel (Leonard Koerner and Stanley Buchsbaum of counsel), for appellants.

Abraham Engelman and Jacob W. Friedman for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN concur Judge STEVENS taking no part.


MEMORANDUM.

The order of the Appellate Division should be modified (1) by deleting so much thereof as awarded interest at the rate of 4% per annum; and (2) reinstating the determination of Supreme Court, New York County, awarding interest at the statutory rate (General Municipal Law, § 3-a, subd. 1), and, as so modified, affirmed, without costs.

The interest sought to be recovered herein arises from a delay,...

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