In re the Mayor New York — 199 N.Y. 559

Majority

p. 559

In the Matter of the Application of the Mayor, Aldermen, and Commonalty of the City of New York, Appellant and Respondent, Relative to Acquiring Lands Required for the Opening of Mount Vernon Avenue. Alfred Hutter et al., as Executors of Leopold Hutter et al., Respondents and Appellants.

Headnote

Matter of Mayor, etc., of New York (Mount Vernon Ave.), 138 App. Div. 897 , affirmed.

(Argued September 26, 1910;

decided October 11, 1910.)

Cross-appeals from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 6, 1910, which modified and affirmed as modified an order of Special Term in so far as it allowed interest on certain awards made in the above entitled proceeding.

Archibald 11. Watson, Corporation Coimsel (Theodore Connoly, Joel J. Squier and tí. li. Draper of counsel), for city of New York, appellant and respondent.

Merle I. 8t. John for IIutter et al., respondents and appellants.

p. 560

Order affirmed, without costs. The language of section 1001 of the charter of New York city, which limits the right to interest in regular course to the period of six months, unless within that time a demand shall be made, has no application to the period following a demand made after the expiration of six mouths, and does not forbid the allowance of interest in the latter case from the time when a proper demand is made; no opinion.

Concur: Cullen, Ch. J., Haight, Yann, Werner, Hisoook and Chase, JJ. Absent: Willard Bartlett, J.