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Matter of Crossin v. McGoldrick

Appellate Division of the Supreme Court of New York, First Department
May 8, 1942
264 App. Div. 115 (N.Y. App. Div. 1942)

Opinion

May 8, 1942.

Appeal from Supreme Court of Bronx County, McLAUGHLIN, J.

Harold Swain [ Ralph A. Woodend with him on the brief], for the appellant.

William A. Marks of counsel [ Julius Isaacs and Leo Brown with him on the brief; William C. Chanler, Corporation Counsel], for the respondent.

Present — MARTIN, P.J., UNTERMYER, DORE, COHN and CALLAHAN, JJ.


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.


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.


Summaries of

Matter of Crossin v. McGoldrick

Appellate Division of the Supreme Court of New York, First Department
May 8, 1942
264 App. Div. 115 (N.Y. App. Div. 1942)
Case details for

Matter of Crossin v. McGoldrick

Case Details

Full title:In the Matter of the Application of ANNA R. CROSSIN, Appellant, for an…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 8, 1942

Citations

264 App. Div. 115 (N.Y. App. Div. 1942)
34 N.Y.S.2d 618