Dormitory Authority v. Security Mutual Insurance

Appellate Division of the Supreme Court of New York

Dormitory Authority v. Security Mutual Insurance

63 A.D.2d 633, 405 N.Y.S.2d 253, 1978 N.Y. App. Div. LEXIS 11485

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 25, 1978

StatusPublished

This text of 63 A.D.2d 633 (Dormitory Authority v. Security Mutual Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dormitory Authority v. Security Mutual Insurance, 63 A.D.2d 633, 405 N.Y.S.2d 253, 1978 N.Y. App. Div. LEXIS 11485 (N.Y. Ct. App. 1978).

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Opinion

Order and judgment (one paper), Supreme Court, Bronx County, entered February 10, 1977, in condemnation proceeding, is unanimously modified, on the law, to reduce the award of additional costs pursuant to section 16 of the Condemnation Law from $84,212.08 to $58,952.75, and otherwise affirmed, without costs and without disbursements. The additional costs awarded by the Supreme Court include $25,259.33 representing moving expenses. Moving expenses are not recoverable in the absence of express statutory authorization therefor (United States v General Motors Corp., 323 US 373, 379-380; Matter of City of Buffalo v Mollenberg-Betz Mach. Co., 53 Mise 2d 849, 855-856), and we modify the judgment by striking the allowance for moving expenses. Except for this modification, we affirm on the opinions of Justice Wallace R. Cotton at Special Term. Concur&emdash;Murphy, P. J., Lupiano, Birns, Silverman and Lynch, JJ.

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Order and judgment (one paper), Supreme Court, Bronx County, entered February 10, 1977, in condemnation proceeding, is unanimously modified, on the law, to reduce the award of additional costs pursuant to section 16 of the Condemnation Law from $84,212.08 to $58,952.75, and otherwise affirmed, without costs and without disbursements. The additional costs awarded by the Supreme Court include $25,259.33 representing moving expenses. Moving expenses are not recoverable in the absence of express statutory authorization therefor (United States v General Motors Corp., 323 US 373, 379-380; Matter of City of Buffalo v Mollenberg-Betz Mach. Co., 53 Mise 2d 849, 855-856), and we modify the judgment by striking the allowance for moving expenses. Except for this modification, we affirm on the opinions of Justice Wallace R. Cotton at Special Term. Concur&emdash;Murphy, P. J., Lupiano, Birns, Silverman and Lynch, JJ.

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Bluebook (online)

63 A.D.2d 633, 405 N.Y.S.2d 253, 1978 N.Y. App. Div. LEXIS 11485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dormitory-authority-v-security-mutual-insurance-nyappdiv-1978.

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