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VILL. OF TARRYTOWN v. WOODLAND LAKE ESTATES, INC.

242 A.D.2d 705 (1997)

663 N.Y.S.2d 50

Village of Tarrytown, Respondent, v. Woodland Lake Estates, Inc., Appellant. (Action No. 1.) Spa Holding Corporation, Plaintiff, v. Village of Tarrytown et al., Defendants. (Action No. 2.)

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

September 29, 1997

Ordered that the order is affirmed insofar as appealed from, with costs.

At the conclusion of a valuation hearing, the defendant Woodland Lake Estates, Inc. (hereinafter "Woodland"), cross moved for a hearing, inter alia, to determine the amount of attorney's fees, and to have those fees included as part of its award, in reliance on EDPL 702 (C).

EDPL 702 (C) provides that, in the event a court determines that the condemnor did in fact take property...

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