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MATTER OF METROPOLITAN TRANSPORTATION AUTHORITY v. EASTERN STARR ASSOCIATES

306 A.D.2d 189 (2003)

760 N.Y.S.2d 844

In the Matter of METROPOLITAN TRANSPORTATION AUTHORITY, Appellant, v. EASTERN STARR ASSOCIATES, Respondent.

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

Decided June 24, 2003.

In view of the circumstance that the amount awarded after trial was substantially in excess of the condemnor's offer, Supreme Court properly exercised its discretion in granting claimant-respondent, pursuant to EDPL 701, the above-indicated additional allowances (see Matter of Metropolitan Transp. Auth. v Ausnit, 306 A.D.2d 190 [2003]), which were reasonable under the circumstances (see Hakes v State of New York,

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