Matter of Edelmuth v. . Prendergast
Cases that cite this one
8 later published cases cite this decision.
- In re the City of New York Relative to Acquiring Title to the Lands (Appellate Division of the Supreme Court of New York 1926)
- In re City of New York (Appellate Division of the Supreme Court of New York 1924)
- In re the City of New York (New York Supreme Court 1923)
- In re Starr (Appellate Division of the Supreme Court of New York 1921)
- In re City of New York (Appellate Division of the Supreme Court of New York 1919)
- Matter of City of New York (West 151st St.) (N.Y. 1918)
- In re the City of New York (Appellate Division of the Supreme Court of New York 1918)
- Matter of Minzesheimer v. . Prendergast (N.Y. 1912)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The award to the relator did not hear interest until after a demand made on the comptroller for its payment. The appeal from the order of confirmation did not stay relator’s right to make such demand, but the demand made on July 10, 1910, was, in our opinion sufficient. Therefore, the relator is entitled to interest on the award from thirty days after that date until the award be paid.
The order of the Appellate Division should he reversed, and that of Special Term modified, so as to direct that a peremptory writ of mandamus issue directed to the respondent commanding him to pay the award made to the relator, with interest from August 10, 1910, until the date of payment thereof, without costs to either party in any court.
Cullen, Oh. J., Gray, Haight, Werner, Willard Bartlett, .Chase and Collin, JJ., concur.
Ordered accordingly.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.