Metropolitan Transportation Authority v. Ausnit

Appellate Division of the Supreme Court of New York

Metropolitan Transportation Authority v. Ausnit

306 A.D.2d 190, 763 N.Y.S.2d 549, 2003 N.Y. App. Div. LEXIS 7313

Appellate Division of the Supreme Court of the State of New York·Decided June 24, 2003·Published·Cited by 4 cases

Opinion

—Order, Supreme Court, New York County (Stanley Parness, J.), entered February 13, 2002, granting claimant condemnee’s motion for an additional allowance pursuant to EDPL 701, including an award of $307,560.37 for attorneys’ fees, an award of $29,250 for appraisal fees and an award of $3,318.72 for miscellaneous expenses, unanimously affirmed, without costs.

In this eminent domain proceeding, while petitioner condemnor’s offer for the condemned property was $3.6 million, respondent claimant, after trial, was awarded $4,871,157, a sum substantially, indeed 35.3%, in excess of the offer. Accordingly, Supreme Court properly exercised its discretion in granting claimant-respondent, pursuant to EDPL 701, a total additional allowance of $340,129.09, which was reasonable under the circumstances (see Hakes v State of New York, 81 NY2d 392, 397-398 [1993]). Concur — Nardelli, J.P., Andrias, Saxe, Williams and Friedman, JJ.

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—Order, Supreme Court, New York County (Stanley Parness, J.), entered February 13, 2002, granting claimant condemnee’s motion for an additional allowance pursuant to EDPL 701, including an award of $307,560.37 for attorneys’ fees, an award of $29,250 for appraisal fees and an award of $3,318.72 for miscellaneous expenses, unanimously affirmed, without costs.

In this eminent domain proceeding, while petitioner condemnor’s offer for the condemned property was $3.6 million, respondent claimant, after trial, was awarded $4,871,157, a sum substantially, indeed 35.3%, in excess of the offer. Accordingly, Supreme Court properly exercised its discretion in granting claimant-respondent, pursuant to EDPL 701, a total additional allowance of $340,129.09, which was reasonable under the circumstances (see Hakes v State of New York, 81 NY2d 392, 397-398 [1993]). Concur — Nardelli, J.P., Andrias, Saxe, Williams and Friedman, JJ.

Metropolitan Transportation Authority v. Ausnit, 306 A.D.2d 190, 763 N.Y.S.2d 549, 2003 N.Y. App. Div. LEXIS 7313 (N.Y. Ct. App. 2003).

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Opinion

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