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HAKES v. STATE OF NEW YORK

81 N.Y.2d 392 (1993)

George J. Hakes, Jr., et al., Appellants, v. State of New York, Respondent. (Claim No. 71384.) First Bank & Trust Co. of Corning, as Trustee, et al., Appellants, v. State of New York, Respondent. (Claim No. 71348.)

Court of Appeals of the State of New York.

Decided June 10, 1993.

Attorney(s) appearing for the Case

Levy, Feldman & Licata, P. C., Rochester (David M. Levy of counsel), for appellants.

Robert Abrams, Attorney-General, Albany (Michael S. Buskus, Jerry Boone and Peter H. Schiff of counsel), for respondent.

Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.

Chief Judge KAYE.

These cases require review of the application of EDPL 701, which in a condemnation action authorizes a discretionary grant of costs, including attorney and expert fees, to a condemnee who is awarded an amount substantially in excess of the condemnor's initial offer.

Hakes v State of New York

In 1981, the Hakes claimants purchased...

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