Municipal Housing Authority v. Ruffini — 24 A.D.2d 729

Majority

p. 729

Fourth Department,

September, 1965

(September 16, 1965)

In the Matter of Municipal Housing Authority of the City of Utica, Respondent, v. Josephine Ruffini, Appellant, et al., Defendants.

Motion to resettle order of June 23, 1965 [ 24 A D 2d 530 , 531] denied. Memorandum : The motion for resettlement of our order of June 23, 1965 presents the issue as to the liability of respondent, Authority, for interest on the award in this condemnation proceeding. This issue was not before us on the basic appeal. The facts as stipulated should be presented to Oneida County Court for a de novo decision. (Cf. Matter of New York & Brooklyn Bridge [Clark], 137 N. Y. 95 , 99.)

Cases cited

Municipal Housing Authority v. Ruffini 24 A D 2d 530 N.Y. App. Div. 1965-06-23 at 531 p. 729
In re the Trustees of the New York & Brooklyn Bridge to Acquire Lands of Clark 137 N. Y. 95 N.Y. 1893-01-31 at 99 p. 729