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MTR. ROCHESTER CARTING CO. v. LEVITT

36 N.Y.2d 264 (1975)

In the Matter of Rochester Carting Co., Appellant, v. Arthur Levitt, as Comptroller of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 24, 1975.

Attorney(s) appearing for the Case

Walter J. Licata for appellant.

Louis J. Lefkowitz, Attorney-General (Richard J. Dorsey and Ruth Kessler Toch of counsel), for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge COOKE taking no part.

Chief Judge BREITEL.

In a CPLR article 78 proceeding, petitioner-claimant seeks additional post-judgment interest on a judgment award by the Court of Claims for an appropriation in eminent domain. The issue is whether subdivision 7 of section 20 of the Court of Claims Act, governing interest on judgments against the State, is unconstitutional insofar as it limits interest on an eminent domain award "until the...

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