Brauer v. City of New York

New York Supreme Court

Brauer v. City of New York

41 Misc. 2d 543, 245 N.Y.S.2d 906, 1963 N.Y. Misc. LEXIS 1322

DecidedDecember 4, 1963

StatusPublished

This text of 41 Misc. 2d 543 (Brauer v. City of New York) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brauer v. City of New York, 41 Misc. 2d 543, 245 N.Y.S.2d 906, 1963 N.Y. Misc. LEXIS 1322 (N.Y. Super. Ct. 1963).

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Opinion

Sidney A. Fine, J.

Upon the foregoing papers this motion is granted to the extent of striking out the answer and directing an assessment of the plaintiffs’ damages. Under section 480 of the Civil Practice Act plaintiffs would have been entitled to interest, the action being one at law (Village of Elmira Heights v. Town of Horseheads, 234 App. Div. 270, 274, affd. 260 N. Y. 507). Although subdivision (a) of section 5001 of the Civil Practice Law and Rules is differently worded, the Advisory Committee on Practice and Procedure notes to the section (§ 12.1, subd. [a]; Third Preliminary Report, March 1, 1959, p. 87) state “no change of meaning intended”. Cases dealing with actions in equity, where interest is discretionary, are not in point. Plaintiffs will be entitled to interest at the rate of 3%, the amount fixed by section 3-a of the G-eneral Municipal Law.

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Sidney A. Fine, J.

Upon the foregoing papers this motion is granted to the extent of striking out the answer and directing an assessment of the plaintiffs’ damages. Under section 480 of the Civil Practice Act plaintiffs would have been entitled to interest, the action being one at law (Village of Elmira Heights v. Town of Horseheads, 234 App. Div. 270, 274, affd. 260 N. Y. 507). Although subdivision (a) of section 5001 of the Civil Practice Law and Rules is differently worded, the Advisory Committee on Practice and Procedure notes to the section (§ 12.1, subd. [a]; Third Preliminary Report, March 1, 1959, p. 87) state “no change of meaning intended”. Cases dealing with actions in equity, where interest is discretionary, are not in point. Plaintiffs will be entitled to interest at the rate of 3%, the amount fixed by section 3-a of the G-eneral Municipal Law.

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Bluebook (online)

41 Misc. 2d 543, 245 N.Y.S.2d 906, 1963 N.Y. Misc. LEXIS 1322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brauer-v-city-of-new-york-nysupct-1963.

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