In re Crossin

Appellate Division of the Supreme Court of New York

In re Crossin

264 A.D. 115, 34 N.Y.S.2d 618, 1942 N.Y. App. Div. LEXIS 4077

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

DecidedMay 8, 1942

StatusPublished

This text of 264 A.D. 115 (In re Crossin) 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

In re Crossin, 264 A.D. 115, 34 N.Y.S.2d 618, 1942 N.Y. App. Div. LEXIS 4077 (N.Y. Ct. App. 1942).

Pincite

Opinion

Per Curiam.

A copy of the order of this court dated March 22, 1935, directing the comptroller to pay the awards in question to this named claimant together with such interest as may lawfully have accrued thereon, was served on the corporation counsel. Thereafter a certified copy of that order was also served on the comptroller, February 19, 1936. Appellant had also made prior demand on the comptroller for payment of the awards to her, but at that time the award was directed to be made to another.

The order, so far as appealed from, should be modified so as to provide that interest should be paid upon the awards at six per cent from February 19, 1936, until July 1, 1939, and thereafter at four per cent (General Municipal Law, § 3-a, added by Laws of 1939, chap. 594) until the date of payment, and as so modified affirmed, with twenty dollars costs and disbursements to the appellant.

Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.

'■ Order, so far as appealed from, unanimously modified so as to provide that interest should be paid upon the awards at six per cent from February 19, 1936, until July 1, 1939, and thereafter at four per cent (General Municipal Law, § 3-a, added by Laws of 1939, chap. 594), until the date of payment, and as so modified affirmed, with twenty dollars costs and disbursements to the appellant. Settle order on notice.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

A copy of the order of this court dated March 22, 1935, directing the comptroller to pay the awards in question to this named claimant together with such interest as may lawfully have accrued thereon, was served on the corporation counsel. Thereafter a certified copy of that order was also served on the comptroller, February 19, 1936. Appellant had also made prior demand on the comptroller for payment of the awards to her, but at that time the award was directed to be made to another.

The order, so far as appealed from, should be modified so as to provide that interest should be paid upon the awards at six per cent from February 19, 1936, until July 1, 1939, and thereafter at four per cent (General Municipal Law, § 3-a, added by Laws of 1939, chap. 594) until the date of payment, and as so modified affirmed, with twenty dollars costs and disbursements to the appellant.

Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.

'■ Order, so far as appealed from, unanimously modified so as to provide that interest should be paid upon the awards at six per cent from February 19, 1936, until July 1, 1939, and thereafter at four per cent (General Municipal Law, § 3-a, added by Laws of 1939, chap. 594), until the date of payment, and as so modified affirmed, with twenty dollars costs and disbursements to the appellant. Settle order on notice.

Cite This Page — Counsel Stack

Bluebook (online)

264 A.D. 115, 34 N.Y.S.2d 618, 1942 N.Y. App. Div. LEXIS 4077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-crossin-nyappdiv-1942.