Opinion
March 31, 1952.
Present — Carswell, Acting P.J., Adel, Wenzel, MacCrate and Schmidt, JJ. [See post, p. 1078.]
In a proceeding for condemnation of certain unimproved land for the purpose of a project to provide public off-street parking facilities for motor vehicles, defendant owner appeals from the final order, which, among other things, granted an award to defendants in the aggregate amount of $16,000, together with interest thereon from June 23, 1949 (the date of an order, made on stipulation, permitting plaintiff to take possession of the property). Final order modified on the law by striking out of the next to the last decretal paragraph thereof the words "costs and/or" and "costs and", and by inserting immediately before the words "and it is further," the following: "and the motion by defendants for costs of the proceeding be and the same is hereby granted, and costs shall be taxed in favor of defendants." As so modified, the final order is unanimously affirmed, without costs. In this proceeding the interest which was allowed on the principal amount of the award was as much a part of the award as was the principal amount. In its entirety it exceeded the amount of the offer together with interest from the time of the making of the offer, and therefore defendants were entitled to costs. (Condemnation Law, § 16, subd. 2.)