CMRC, Ltd. v. State

Appellate Division of the Supreme Court of New York

CMRC, Ltd. v. State

16 A.D.3d 204, 790 N.Y.S.2d 601, 2005 N.Y. App. Div. LEXIS 2516

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 2005

StatusPublished

Cited by1 cases

This text of 16 A.D.3d 204 (CMRC, Ltd. v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

CMRC, Ltd. v. State, 16 A.D.3d 204, 790 N.Y.S.2d 601, 2005 N.Y. App. Div. LEXIS 2516 (N.Y. Ct. App. 2005).

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Opinion

Order of the Court of Claims of the State of New York (Stephen J. Mignano, J.), entered July 16, 2004, which denied claimant’s application for an additional allowance under the Eminent Domain Procedure Law, unanimously affirmed, without costs.

In order to determine claimant’s right to additional compensation under EDPL 701, the Court of Claims properly compared the pretrial offer of $4,865,000 to the final award of $5,854,550 (see Matter of New York City Tr. Auth. [Superior Reed & Rattan Furniture Co.], 160 AD2d 705, 707-709 [1990]). The court did not improvidently exercise its discretion in concluding that an additional allowance was not warranted here (see Matter of Village of Johnson City [Waldo’s, Inc.], 277 AD2d 773 [2000]). Concur—Buckley, P.J., Andrias, Friedman, Gonzalez and Sweeny, JJ.

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Order of the Court of Claims of the State of New York (Stephen J. Mignano, J.), entered July 16, 2004, which denied claimant’s application for an additional allowance under the Eminent Domain Procedure Law, unanimously affirmed, without costs.

In order to determine claimant’s right to additional compensation under EDPL 701, the Court of Claims properly compared the pretrial offer of $4,865,000 to the final award of $5,854,550 (see Matter of New York City Tr. Auth. [Superior Reed & Rattan Furniture Co.], 160 AD2d 705, 707-709 [1990]). The court did not improvidently exercise its discretion in concluding that an additional allowance was not warranted here (see Matter of Village of Johnson City [Waldo’s, Inc.], 277 AD2d 773 [2000]). Concur—Buckley, P.J., Andrias, Friedman, Gonzalez and Sweeny, JJ.

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Bluebook (online)

16 A.D.3d 204, 790 N.Y.S.2d 601, 2005 N.Y. App. Div. LEXIS 2516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cmrc-ltd-v-state-nyappdiv-2005.

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