JAMIE TOWERS HOUSING COMPANY, INC. v. WILLIAM B. LUCAS, INC.


296 A.D.2d 359 (2002)

745 N.Y.S.2d 532

JAMIE TOWERS HOUSING COMPANY, INC., Appellant, v. WILLIAM B. LUCAS, INC., Respondent and Third-Party Plaintiff. W.R. BROWN & CO., P.C., Third-Party Defendant-Respondent.

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

Decided July 25, 2002.


In dismissing plaintiff's sole remaining claim for $472,043 in interest it was required to pay on delinquent taxes due to New York City, the IAS court, relying upon Alpert v Shea Gould Climenko & Casey (160 A.D.2d 67), held that interest paid to a taxing authority is generally not recoverable. In response to plaintiff's claim that it should at least be entitled to recover the difference between the 18% interest paid and the market...

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