Levy v. Griffiths

Appellate Division of the Supreme Court of New York

Levy v. Griffiths

282 A.D. 770, 123 N.Y.S.2d 533, 1953 N.Y. App. Div. LEXIS 4929

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

DecidedJuly 7, 1953

StatusPublished

Cited by1 cases

This text of 282 A.D. 770 (Levy v. Griffiths) 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

Levy v. Griffiths, 282 A.D. 770, 123 N.Y.S.2d 533, 1953 N.Y. App. Div. LEXIS 4929 (N.Y. Ct. App. 1953).

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Opinion

In this proceeding pursuant to article 78 of the Civil Practice Act, the petitioners sought an order in the nature of mandamus to direct the Surrogate of Westchester County to make and enter a decree as proposed by them. The appeal is by petitioners from an order dismissing the proceeding. Order unanimously affirmed, with $10 costs and disbursements. The Surrogate, in entering a decree on the order of this court, “ that the assignees be paid the respective amounts of their assignments with interest,” computed the interest at 3%. This was proper. Section 218 of the Surrogate’s Court Act provides that interest shall be computed at 3% unless delay in payment was unreasonable. There has been no such finding. (See Matter of Fromberg, 281 App. Div. 1.) Present — Nolan, P. J., Adel, Wenzel, Schmidt and Beldoek, JJ.

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In this proceeding pursuant to article 78 of the Civil Practice Act, the petitioners sought an order in the nature of mandamus to direct the Surrogate of Westchester County to make and enter a decree as proposed by them. The appeal is by petitioners from an order dismissing the proceeding. Order unanimously affirmed, with $10 costs and disbursements. The Surrogate, in entering a decree on the order of this court, “ that the assignees be paid the respective amounts of their assignments with interest,” computed the interest at 3%. This was proper. Section 218 of the Surrogate’s Court Act provides that interest shall be computed at 3% unless delay in payment was unreasonable. There has been no such finding. (See Matter of Fromberg, 281 App. Div. 1.) Present — Nolan, P. J., Adel, Wenzel, Schmidt and Beldoek, JJ.

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Bluebook (online)

282 A.D. 770, 123 N.Y.S.2d 533, 1953 N.Y. App. Div. LEXIS 4929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-griffiths-nyappdiv-1953.

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