Matter of City of New York (Bronx Riv. Parkway)

In Matter of City of New York (Bronx Riv. Parkway) (284 NY 48, affd sub nom. A. F. & G. Realty Corp. v. City of New York, 313 US 540), a condemnation case decided the same day, the Court of Appeals held the 1939 statute constitutional and applicable to a municipality in a condemnation proceeding. Further, "compensation, when not paid coincidentally with the taking of the property, must include some sum in addition to the bare value of the property at the date of taking for the delay in making payment, so that the compensation may be just" and "in the absence of evidence as to what such additional sum should be, interest, as provided by law, meets the constitutional requirement" (supra, at 54).