New York Court of Appeals, 1972

Bronxville Palmer, Ltd. v. State

Bronxville Palmer, Ltd. v. State
New York Court of Appeals · Decided May 3, 1972
30 N.Y.2d 760; 284 N.E.2d 577; 333 N.Y.S.2d 422; 1972 N.Y. LEXIS 1329

Bronxville Palmer, Ltd. v. State

Opinion of the Court

Order modified, without costs, by deleting therefrom the provision with regard to the payment of interest and, as so modified, affirmed. The exchange of letters between the claimant and the State constituted a binding agreement for the suspension of interest to the extent indicated therein. In view of this unequivocal expression of intent, it is of no consequence that the parties failed to formalize their agreement in the stipulation referred to in the letters.

Concurring Opinion

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

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