Coyne v. . Town of Greenburgh
This text of 135 N.E. 893 (Coyne v. . Town of Greenburgh) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We think the town of Greenburgh is not liable to the contractors or their assignee for the costs and allowance which the commissioners composing the Warburton avenue extension commission were directed to pay in the mandamus proceeding as the result of *504 personal dereliction. This requires the deduction from the judgment of $654.08 with interest from October 31, 1896, and $107.65 with interest from April 26, 1897.
' We think also that interest upon the items of the plaintiff’s recovery was erroneously compounded ■ as of the date of the commencement of the action, and that simple interest only is to be allowed.
The judgment, should be modified accordingly, and as modified affirmed, without costs,
His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ., concur.
Judgment accordingly.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
135 N.E. 893, 233 N.Y. 503, 1922 N.Y. LEXIS 903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coyne-v-town-of-greenburgh-ny-1922.