Rochester Urban Renewal Agency v. Hammer Lithograph

73 A.D.2d 1044, 425 N.Y.S.2d 535, 1980 N.Y. App. Div. LEXIS 10002

Opinion

Order and judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: This appeal arises from a condemnation proceeding brought by Rochester Urban Renewal Agency to acquire certain real property owned by the Hammer Lithograph Corporation. The court below granted Hammer Lithograph a total award of $160,894, and an additional allowance of $6,435.76 for costs. We affirm the award but note that, in computing the total amount, the court made a mathematical error. The total award, as corrected, is $160,864. The additional allowance granted by the court of 4% of the total award should be modified upward to 5% of the award (see Condemnation Law, § 16, subd [2]). In view of the purpose of this allowance to defray the expenses which an owner incurs in establishing the value of his property (New York State Urban Dev. Corp. v Goldfeld, 54 AD2d 1099; Matter of Dodge v Tierney, 40 AD2d 936) and, in view of the substantial expenses Hammer Lithograph has incurred, the court abused its discretion by failing to grant the full 5% allowance (see Matter of Speach v Smith, 53 AD2d 1024). (Appeal from order and judgment of Monroe Supreme Court—condemnation.) Present—Cardamone, J. P., Simons, Hancock, Jr., Doerr and Moule, JJ.