LEGISLATURE v. LUBELLE


94 Misc.2d 413 (1978)

Legislature of the County of Monroe, Petitioner, v. Jack G. Lubelle as Executor of Raphael E. Marr, Deceased, et al., Respondents.

Supreme Court, Monroe County.

April 3, 1978


Attorney(s) appearing for the Case

Lubelle & Levin for respondents. John D. Doyle, County Attorney (Eugene P. La Bue of counsel), for petitioner.


ROBERT E. WHITE, J.

Respondent's property was condemned under the Condemnation Law. Respondent was initially offered $7,500 for his property. This offer was amended to $8,400. Following trial, respondent was awarded $11,400.

Subsequent to the granting of the award, respondent applied to the court to grant him the 5% litigation allowance permitted under section 16 of the Condemnation Law. Petitioner did not oppose the motion. Respondent now requests...

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