Tom Sawyer Motor Inns, Inc. v. Chemung County

• Decision Date: 28 September 1972
• Citation: 336 N.Y.S.2d 906,31 N.Y.2d 670
• Parties: , 288 N.E.2d 807 TOM SAWYER MOTOR INNS, INC., Respondent, v. CHEMUNG COUNTY, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 906

336 N.Y.S.2d 906

31 N.Y.2d 670, 288 N.E.2d 807

TOM SAWYER MOTOR INNS, INC., Respondent, v. CHEMUNG COUNTY, Appellant.

Court of Appeals of New York.

Sept. 28, 1972.

Appeal from the Supreme Court, Appellate Division, Third Department, 39 A.D.2d 4, 331 N.Y.S.2d 154.

The Supreme Court, Harold E. Simpson, J., entered a judgment in inverse condemnation proceeding and cross-appeals were taken.

The Appellate Division modified and, as modified, affirmed. It held that the action of trial court in considering prior transcript in same case and concluding that nuisance maintained by county was permanent and merited award of permanent damages was not error, and that 6% Was the proper rate of interest to be applied to award. The county moved for leave to appeal.

Motion for leave to appeal denied upon the ground that an appeal lies as of right (CPLR 5601(a)(iii); Gambold v. MacLean, 254 N.Y. 357, 362, 173 N.E. 220; Cohen & Karger, Powers of the N.Y. Court of Appeals, § 50).