From Casetext: Smarter Legal Research

Chisholm-Ryder Company v. State of New York

Court of Appeals of the State of New York
Apr 20, 1967
227 N.E.2d 396 (N.Y. 1967)

Opinion

Argued February 28, 1967

Decided April 20, 1967

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, RONALD E. COLEMAN, J.

Thomas F. Moore, Jr. and Lewis R. Bennett for Power Authority of the State of New York, appellant.

Louis J. Lefkowitz, Attorney-General ( Julius L. Sackman of counsel) for State of New York, appellant.

Edward J. Murty, Jr. for respondent.


The evidence adduced at the trial supports the finding of the Court of Claims that the reasonable rental value of the claimant's land for the three-year period was $18,500. In addition, the record sustains the finding of the Appellate Division that the claimant was entitled to $15,000 as compensation for the reduced value of the property resulting from the underground utilities left by the Authority.

The Authority contends that due to a mathematical error the sum stipulated as compensation for taxes paid was more than was actually paid. Although it would appear that the Authority is entitled to be relieved of the stipulation to the extent that it was the product of a mutual mistake ( Campbell v. Bussing, 274 App. Div. 893), the proper remedy is a motion in the Court of Claims to be relieved of the stipulation. This court has no power in the first instance to grant such relief and our power to review a decision granting or denying such relief is severely limited. ( Barry v. Mutual Life Ins. Co., 53 N.Y. 536.)

Likewise, the question of whether the Authority intended to stipulate that interest be paid on the entire award from the date of the appropriation is, on the record before us, purely a question of fact. If the trial court misconstrued the Authority's stipulation or if it was entered into in error, the Authority's relief is similar to that outlined above.

The order of the Appellate Division should be affirmed, with costs.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL concur.

Order affirmed.


Summaries of

Chisholm-Ryder Company v. State of New York

Court of Appeals of the State of New York
Apr 20, 1967
227 N.E.2d 396 (N.Y. 1967)
Case details for

Chisholm-Ryder Company v. State of New York

Case Details

Full title:CHISHOLM-RYDER COMPANY, INC., Respondent, v. STATE OF NEW YORK et al.…

Court:Court of Appeals of the State of New York

Date published: Apr 20, 1967

Citations

227 N.E.2d 396 (N.Y. 1967)
227 N.E.2d 396
280 N.Y.S.2d 579

Citing Cases

Matter of Horton

The correspondence between counsel demonstrates that it was the intent of claimant to discontinue the Supreme…

Matter of Frutiger

The rule has been succinctly stated thus: "The court has control over stipulations and power to relieve from…