p. 760Bronxville Palmer, Ltd., Appellant-Respondent, v. State of New York et al., Respondents-Appellants. (Claim Nos. 36855, 37536.) Argued February 9, 1972; decided May 3, 1972.
p. 762
Herbert Plant for appellant-respondent.
Louis J. Lefkowits, Attorney-General (Peter Joseph Dooley and Ruth Kessler Toch of counsel), for respondents-appellants.
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.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.