Dormitory Authority v. Simon

Appellate Division of the Supreme Court of New York

Dormitory Authority v. Simon

37 A.D.2d 852, 326 N.Y.S.2d 103, 1971 N.Y. App. Div. LEXIS 3284

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

DecidedOctober 18, 1971

StatusPublished

This text of 37 A.D.2d 852 (Dormitory Authority v. Simon) 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. Simon, 37 A.D.2d 852, 326 N.Y.S.2d 103, 1971 N.Y. App. Div. LEXIS 3284 (N.Y. Ct. App. 1971).

Pincite

Opinion

In a condemnation proceeding, the condemnor and certain claimants cross-appeal, as limited by their briefs, from so much of the final order and judgment of the Supreme Court, Queens County, dated March 30, 1970, as awarded claimants Simon and Rosner $1,674,707, with interest at 4% on the amount by which the award exceeded the amount of the advance payment, and further awarded them $83,735 as an allowance as additional costs at the rate of 5% of the principal of the award. Appeal by claimant Associated Cotton Shops, Inc., and the condemnor’s appeal as against said claimant- dismissed, without costs. The award was solely to the other claimants-appellants and it appears that this was pursuant to a stipulation between the condemnor and all the claimants-appellants. Accordingly Associated Cotton Shops, Inc., has no standing to appeal and the condemnor has no grievance against it. Otherwise, final order and judgment modified, on the law, by increasing the rate of interest awarded from 4% to 6%, and, as so modified, final order and judgment affirmed, without costs (Matter of City of New Tork [Manhattan Civic Center Area], 27 N Y 2d 518). Rabin, P. J., Hopkins, Munder, Gulotta and Brennan, JJ., concur.

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In a condemnation proceeding, the condemnor and certain claimants cross-appeal, as limited by their briefs, from so much of the final order and judgment of the Supreme Court, Queens County, dated March 30, 1970, as awarded claimants Simon and Rosner $1,674,707, with interest at 4% on the amount by which the award exceeded the amount of the advance payment, and further awarded them $83,735 as an allowance as additional costs at the rate of 5% of the principal of the award. Appeal by claimant Associated Cotton Shops, Inc., and the condemnor’s appeal as against said claimant- dismissed, without costs. The award was solely to the other claimants-appellants and it appears that this was pursuant to a stipulation between the condemnor and all the claimants-appellants. Accordingly Associated Cotton Shops, Inc., has no standing to appeal and the condemnor has no grievance against it. Otherwise, final order and judgment modified, on the law, by increasing the rate of interest awarded from 4% to 6%, and, as so modified, final order and judgment affirmed, without costs (Matter of City of New Tork [Manhattan Civic Center Area], 27 N Y 2d 518). Rabin, P. J., Hopkins, Munder, Gulotta and Brennan, JJ., concur.

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Bluebook (online)

37 A.D.2d 852, 326 N.Y.S.2d 103, 1971 N.Y. App. Div. LEXIS 3284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dormitory-authority-v-simon-nyappdiv-1971.