IN RE: Application of METROPOLITAN TRANSPORTATION AUTHORITY (2003)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of METROPOLITAN TRANSPORTATION AUTHORITY, etc., Petitioner-Appellant, v. Peter AUSNIT, et al., Claimants-Respondents.

Decided: June 24, 2003

NARDELLI, J.P., ANDRIAS, SAXE, WILLIAMS, and FRIEDMAN, JJ.

Anthony P. Semancik, for Petitioner-Appellant. M. Robert Goldstein, for Claimants-Respondents.

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 $3318.72 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 N.Y.2d 392, 397-398, 599 N.Y.S.2d 498, 615 N.E.2d 982).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network