Sagres 9, LLC v. State

• Decision Date: 29 August 2018
• Docket Number: 2016–01831,Claim No. 178
• Parties: In the Matter of SAGRES 9, LLC, appellant, v. STATE of New York, respondent.
• Court: New York Supreme Court — Appellate Division

164 A.D.3d 906
83 N.Y.S.3d 183

In the Matter of SAGRES 9, LLC, appellant,
v.
STATE of New York, respondent.

2016–01831
Claim No. 178

Supreme Court, Appellate Division, Second Department, New York.

Argued—March 6, 2018
August 29, 2018

Goldstein, Rikon, Rikon & Houghton, P.C., New York, N.Y. (Jonathan Houghton and Daniel M. Lehmann of counsel), for appellant.

Barbara D. Underwood, Attorney General, New York, N.Y. (Anisha S. Dasgupta and Mark H. Shawhan of counsel), for respondent.

RUTH C. BALKIN, J.P., SHERI S. ROMAN, ROBERT J. MILLER, VALERIE BRATHWAITE NELSON, JJ.

83 N.Y.S.3d 184

DECISION & ORDER

In a special proceeding for the distribution of money pursuant to EDPL 304(E)(1) and Court of Claims Act § 23, the petitioner appeals from an order of the Court of Claims (Alan C. Marin, J.), dated July 27, 2015. The order, insofar as appealed from, failed to award the petitioner interest at the statutory rate of 9% per annum on the amount of an offer of just compensation and on the principal sum deposited in a special interest bearing account.

ORDERED that the order is modified, on the law, by deleting the provision thereof awarding the petitioner interest that accrued on the amount of the offer of just compensation from March 12, 2014, through April 22, 2014, and that accrued under the terms of a special interest bearing account from April 23, 2014, through November 4, 2014, and substituting therefor a provision awarding the petitioner interest at the statutory rate of 9% per annum on the offer of just compensation from March 12, 2014, through November 4, 2014; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Court of Claims for a calculation of the interest in accordance herewith, and for the entry of an appropriate amended order thereafter.

On March 12, 2014, the State of New York acquired, by eminent domain, title to certain temporary easements on the petitioner's property in connection with the construction of a bridge. Prior to the taking, in a letter dated March 4, 2014, the condemnor, the New York State Department of Transportation (hereinafter the DOT), offered the petitioner the sum of $305,000 as just compensation for the...