Appellate Division of the Supreme Court of New York, 1996

Serf Realty Co. v. State

Serf Realty Co. v. State
Appellate Division of the Supreme Court of New York · Decided June 3, 1996
228 A.D.2d 428; 643 N.Y.2d 663; 643 N.Y.S.2d 663; 1996 N.Y. App. Div. LEXIS 6212
Serf Realty Co. v. State

Opinion of the Court

The State’s obligation to pay interest terminates upon deposit of an advance payment into an interest-bearing account pursuant to State Finance Law § 97-dd (see, EDPL 304 [E]; 514). Therefore, for the period when the advance payment was deposited in that account, the rate earned by the State’s short-term investment pool was the correct rate of interest.

In light of our determination, we need not reach the appellant’s remaining contentions. Thompson, J. P., Altman, Gold-stein and McGinity, JJ., concur.

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