HAKES v. STATE


184 A.D.2d 1035 (1992)

George J. Hakes, Jr., et al., Appellants-Respondents, v. State of New York, Respondent-Appellant. (Appeal No. 1.) (Claim No. 71384.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 25, 1992


Judgment unanimously modified in the exercise of discretion and as modified affirmed without costs in accordance with the following Memorandum: Although the amendment to EDPL 701 applies retroactively to this case, and although the amount awarded was substantially in excess of the amount originally offered by the State, we find that the Court of Claims properly exercised its discretion in denying claimants' application for an additional allowance to reimburse them for appraisal...

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