Matter of County of Nassau (Eveandra Enters.)

In Matter of County of Nassau (Eveandra Enters.) (42 NY2d 849) the Court of Appeals was again unimpressed by the evidentiary showing made by a claimant seeking to demonstrate the constitutional infirmity of a prejudgment interest rate of 6% in a condemnation proceeding: "The appropriate interest rate is not measured by particular fluctuations in categories of interest rates for public or private securities or lending. So long as the statutory rate constitutes a judicially acceptable, fair return for the deprivation of the use of that property or the money equivalent of that use, either or in combination, the statutory rate should be considered proper" .