Practice in Special Proceedings in the Courts of Record of the State of New York, Under the Code And Consolidated Laws, With Forms

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{In re Dorsett), 92 App.
Div. 523, 87 Supp. 308 ; modif'd, 179 K Y. 496.
The owner is entitled to interest from the date of taking. In re Morris Ave., 118 App. Div. 117, 103 Supp. 180; In re Opening of 178th St., 107 App. Div. 22, 94 Supp. 838 ; aff'd, 183 IST. Y. 571.
The allowance of interest on an. award for past or rental damages, against an elevated railroad company and in favor of an abutting owner, is discretionary with the court. Kerr v. N. Y. El. By. Co., 49 Misc. 331, 96 Supp. 1021.
T
...he interest on an award to an unknown owner of property in the city of ^ew York is payable from the date when the title of property vests in the city up to the time of payment of the award, or the time when the same is paid into the Supreme Court. As soon as an award becomes due the city is not a bailee of the property-owner's money entitled to hold it until demand, but a debtor bound to seek out and pay its creditor. Matter of Bd. of Street Opening, 35 App. Div. 406, 54 Supp. 911.
The city of l^ew York may deduct from an award made in condemna- tion proceedings, under the Laws of 1894, taxes and water rates which were liens upon the land at the time the city took title together with in- terest thereon to the date when the award became payable.


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