520 EAST 81ST STREET ASSOCIATES v. STATE OF NEW YORK


288 A.D.2d 67 (2001)

732 N.Y.S.2d 407

520 EAST 81ST STREET ASSOCIATES, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided November 13, 2001.


We reject claimant's argument that it is entitled to statutory interest on the 1985 market value of its apartments over the nine-year period of the taking. First, CPLR 5001 (a) limits interest to "a sum awarded," and claimant does not challenge the sum awarded. Second, to award such interest would be to put claimant in a posture of having sold the apartments in 1985, whereas, in fact, it continued to collect rents over the nine-year period of the taking, albeit under compulsion...

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