Majority
p. 592In the Matter of the Application of Elizabeth J. Starr, as Committee of the Person and Property of Isabella Jordan, an Incompetent Person, Respondent, for Payment of an Award. The Comptroller of the City of New York et al., Appellants. (Argued May 31, 1923; decided June 14, 1923.)
Headnote
New York city — condemnation -proceedings —■ award to unknown owner — interest from date of report of commissioners to date of confirmation of report.Matter of Starr (Jordan), 198 App. Div. 859 , affirmed.
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 16, 1921, which affirmed an order of Special Term directing the comptroller of the city of New York to pay to the petitioner interest from the date of the report of the commissioners of estimate, in proceedings for the extension of Seventh avenue from Greenwich avenue to Carmine street in the borough of Manhattan, namely, July 24, 1919, to the date of the confirmation of the said report, namely, November 19, 1919, on the sum of $42,948.18, the total amount of the award therein made to unknown owner for parcel damage No. 26.
George P. Nicholson, Corporation Counsel {Joel J. Squier and William B. B. Faber of counsel), for appellants.
Michael J. Mulqueen and Charles Lamb for respondent.
p. 593
Order affirmed, with costs; no opinion.
Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crake and Andrews, JJ.