F.E.S. Realty Co. v. State

Appellate Division of the Supreme Court of New York

F.E.S. Realty Co. v. State

285 A.D.2d 551, 727 N.Y.S.2d 911, 2001 N.Y. App. Div. LEXIS 7466

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

DecidedJuly 16, 2001

StatusPublished

This text of 285 A.D.2d 551 (F.E.S. Realty Co. v. State) 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

F.E.S. Realty Co. v. State, 285 A.D.2d 551, 727 N.Y.S.2d 911, 2001 N.Y. App. Div. LEXIS 7466 (N.Y. Ct. App. 2001).

Pincite

Opinion

—In a condemnation proceeding, the claimant appeals from an order of the Court of Claims (O’Rourke, J.), dated March 28, 2000, which denied its motion to recompute the amount of interest paid on a taking.

[552]*552Ordered that the order is affirmed, with costs.

Contrary to the claimant’s contention, the State properly suspended the accrual of interest for the period from September 26, 1993, to November 21, 1995. The claimant failed to file its notice of claim within six months after service upon it of the necessary papers, as is required by EDPL 304 and 514.

The claimant’s remaining contentions are without merit. O’Brien, J. P., Friedmann, Smith and Cozier, JJ., concur.

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—In a condemnation proceeding, the claimant appeals from an order of the Court of Claims (O’Rourke, J.), dated March 28, 2000, which denied its motion to recompute the amount of interest paid on a taking.

[552]*552Ordered that the order is affirmed, with costs.

Contrary to the claimant’s contention, the State properly suspended the accrual of interest for the period from September 26, 1993, to November 21, 1995. The claimant failed to file its notice of claim within six months after service upon it of the necessary papers, as is required by EDPL 304 and 514.

The claimant’s remaining contentions are without merit. O’Brien, J. P., Friedmann, Smith and Cozier, JJ., concur.

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Bluebook (online)

285 A.D.2d 551, 727 N.Y.S.2d 911, 2001 N.Y. App. Div. LEXIS 7466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fes-realty-co-v-state-nyappdiv-2001.