Appellate Division of the Supreme Court of New York, 1972

In re the Incorporated Village of Babylon

In re the Incorporated Village of Babylon
Appellate Division of the Supreme Court of New York · Decided March 20, 1972
38 A.D.2d 957; 332 N.Y.S.2d 1; 1972 N.Y. App. Div. LEXIS 5108
In re the Incorporated Village of Babylon

Opinion of the Court

In a condemnation proceeding, the claimant appeals from a final decree of the Supreme Court, Suffolk County, dated May 28, 1970, which awarded him $33,155 with interest at 4% from the date of vesting, October 11, 1967, up to and including July 25, 1969, and thereafter at the rate of 6%. By a prior decision on this appeal, the ease was remitted to the Special Term for rendition of a statement indicating the rationale and factual basis of its decision and the appeal was ordered held in abeyance in the interim (Matter of Inc. Vil. of Babylon [Honsberger], 36 A D 2d 768). Such statement has since been made. Final decree modified, on the law, by increasing the rate of interest awarded from 4% to 6% from the date of vesting. As so modified, final decree affirmed, with costs and disbursements to the Village of Babylon (Matter of City of New York [Manhattan Civic Center Area], 27 N Y 2d 518; Dormitory Auth. of State of N. Y. v. Simon, 37 A D 2d 852). Hopkins, Acting P. J., Munder, Martuscello, Latham and Christ, JJ., concur.

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