New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-14
FIGHT S102,5OO AWARD
Municipal Research Bureau Will
Try to Stop Payment.
ASSESSORS FIXED AMOUNT
Board Decided That J. L. Mott
Was Entitled to Sum-Long
Litigation.

Through an action at law begun yester-
day the Bureau of Municipal Research Is
endeavoring TO prevent the payment by the
city 20 Jordan L. Mott OF sl02,J0. with in
terest. sum which has been awarded 70
him OF claim that has been hanging fire
since August. 1895
The award was certified 10 a month ago
by William . Ormond and Antonio {.
Astarita. two of the three members or
Mayor Gaynors Board OF Assessors. They
also allowed interest OF i79,95O, al per
cent. for thirteen years. The Bureau OF
Municipal Research contends that II the
award stands at all interest Of $1,000 must
be allowed. under a law that provides that
interest must run from the time the nrst
damage occurs
Josepn p IIennessy. the third member
and president OF the Board OF Assessors
dissented from the figures Of his colleagues
and presented a memorandum favorlng ap-
proximately double the amount fixed by MS
associates.
The award was made on claim Tor dam
ages because Of an alleged change Of grade
in front of the Mott Iron Works when the
approach TO the Third avenue bridge over
the Harlem River. was built in 1883 In
due course the award was sent TO the FL
nance Department. Controller Prendergast
ordered the papers sent 10 the Corporation
Counsel for an opinion. but none had been
received yesterday.
The action yesterday was I'm the nature
of a taxpayers suit i'm which an order was
obtained by DR.. William RI. Allen, di-
rector or the Bureau Of Municipal Re
search. directing the city officials TO show
cause why an injunction should not he is
sued restraining them from paying the
award TO Mr. Mott The service OF the
order was accepted by the Corporation
Counsel
The bureau claims not that the award Il
excessive. but that il is absolutely invalid
and illegal. because the official records both
Of the Bridge Department and the Bronx
Bureau Of Highways show that no change
Of grade whatever took place in front Of
the claimants property as a result or the
Third avenue bridge Improvement and the
claim for damages was not filed within the
period required by the statute Of limita-
tons
Through its counsel, William J. Curtis. of
the law firm Of Sullivan & Cromwell. the
bureau will show that the grade line Of the
Third avenue in front OF the Mott works
was not changed and that the Board OF
Assessors have no power 10 act except IN
cases where changes II grade actually take
place. The bureau says that when II urged
This line Of defence on the Corporation
CounseTs Office they were told that il
would not have the chance of snowfall
in hell"
Il Is understood that Mr. Mott is not
satisfied with the award and that a bill IS
now pending in Albany that would give
him the right 10 have a review by the SUI
premc Court.
Since 1895 Mr.. Mott has had d number Of
counsel Among them were Joseph \.
Flannery Sherman q Sterling and Maui
rice Deiches. at the time secretary to Su-
premc Court Justice Guy, who was prior
10 going on the bench the assistant cor
poration counsel assigned to the Board Of
Assessors Action on the claim was re-
peatedlv considered and postponed by the
two boards Of assessors in Mayor McClel-
lans administrations
When the claim was passed by the pres
ent board Mr.. Mott was represented by
Judge Morgan J. o Brien.
During the three different hearings when
were held before the boards Of assessors,
the lowest claims made by the experts
for Jordan 7. Mott We're $4,000 and A'''-
00n The lowest estimates made by the
evnerts FOR the city were SSl,60o and 5000.
THE highest claims made by the Mott eX-
merits were $4,000 and $500 1926 The high
est estimates made hy the citys eNper's
were sf0il15 and slo6.-oo