29 A.D.2d 527 | N.Y. App. Div. | 1967
Order and judgment granting summary judgment to plaintiff and defendants Hart and others, unanimously modified, on the law, to delete the allowance of interest on the claims of plaintiff-respondent and defendants-respondents and, as so modified, affirmed, without costs or disbursements. We agree with the reports of Special Referee Gerald Mazur (set forth in the record on this appeal), one made November 12, 1964 in Matter of Haskell Constr. Go., confirmed by order of Mr. Justice Irving L. Levey (N. Y. L. J. January 13, 1965, p. 14, col. 7) and the other made February 2, 1966 in the Matter of States Develoyment Gory., confirmed by order of Mr. Justice Thomas Dickens (N. Y. L. J. March 7, 1966, p. 17, col. 2), that interest may not be allowed as part of the “cost of improvement” claimed under article 3-A of the Lien Law. In sections 3 and 5 of the Lien Law it is expressly provided that the lien afforded includes interest on, as well as the principal amount of, the claim. (See General Suyyly & Constr.