In this eminent domain proceeding, while petitioner condemnor's offer for the condemned property was $3.6 million, respondent claimant, after trial, was awarded $4,871,157, a sum substantially, indeed 35.3%, in excess of the offer. Accordingly, Supreme Court properly exercised its discretion in granting claimant-respondent, pursuant to EDPL 701, a total additional allowance of $340,129.09, which was reasonable under the circumstances (see Hakes v State of New York,
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MATTER OF METROPOLITAN TRANSPORTATION AUTHORITY v. AUSNIT
306 A.D.2d 190 (2003)
763 N.Y.S.2d 549
In the Matter of METROPOLITAN TRANSPORTATION AUTHORITY, Appellant, v. PETER AUSNIT et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided June 24, 2003.
Decided June 24, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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