129 N.Y.S. 779 | N.Y. App. Div. | 1911
Appeal by a .property owner from an order denying His motion to compel payment of interest upon a street-closing award.
The petitioner owned a plot of land, formerly fronting on Seventh avenue, which was legally closed, under the terms of the- Street Closing Act (Laws of 1895, chap. 1006), on Nove
This report was confirmed on June 14, 1906, and on June 27-, 1906, the petitioner made a formal written demand upon the comptroller for.the payment of said award, “with such interest,.if any, as may have lawfully accrued on such award.” The' city appealed to this court and to the Court of Appeals from the' order confirming the final Order of the commissioners' (Matter of Mayor, etc. [Walton Ave.], 131 App. Div. 696; 197 N. Y. 518),- with the result that said order was affirmed on December 7,1909, so far as concerns the award to this petitioner. On October 19,1910, the comptroller notified the petitioner that he was prepared to pay said award, but refused to pay any interest thereon, whereupon the petitioner instituted this proceeding to compel the payment of said award with interest. A similar question was recently passed upon by us in Matter of Edelmuth v. Prendergast (142 App. Div. 785), wherein we held that under like circumstances a property owner damaged by the closing of a street in front of his premises was entitled to interest upon the award from a date thirty days after he has made a proper demand upon the comptroller for .payment. It is needless to restate the reasons which led to that conclusion. The petitioner w;as, therefore, entitled, at all events, to interest upon his award from July 27, 1906. He, however, goes further and raises a question not considered, in the Edélmuth case, by claim
The-order appealed from will, therefore, be so modified as to require the comptroller to pay the award to the petitioner with
Ingraham, P. J., Clarke, Miller, and Dowling, JJ., concurred.
Order modified as directed in opinion and as so modified affirmed, without costs. Settle order on notice.