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TOWN OF ESOPUS v. GORDON

143 Misc.2d 193 (1989)

Town of Esopus, Petitioner, v. Donald L. Gordon, Jr., et al., Respondents. Donald L. Gordon, Jr., et al., Plaintiffs, v. Town of Esopus, Defendant.

Supreme Court, Ulster County.

March 27, 1989

Attorney(s) appearing for the Case

Warner, Koplovits & Futerfas (Rod P. Futerfas of counsel), for respondents-plaintiffs. Joseph C. Shapiro and Kellar & Kellar (Norman Kellar of counsel), for petitioner-defendant.

JOHN G. CONNOR, J.

By notice of motion respondents/plaintiffs seek an order pursuant to EDPL 701 granting to them as condemnees an additional allowance for extraordinary expenses incurred for expert witnesses and legal counsel.

EDPL 701 as amended in 1982 reads as follows:

"701. Additional allowance "In instances where the order or award is at least two hundred percent of the amount...

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