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CMRC, LTD. v. STATE

16 A.D.3d 204 (2005)

790 N.Y.S.2d 601

CMRC, LTD., Appellant, v. STATE OF NEW YORK, Respondent.

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

March 15, 2005.

In order to determine claimant's right to additional compensation under EDPL 701, the Court of Claims properly compared the pretrial offer of $4,865,000 to the final award of $5,854,550 (see Matter of New York City Tr. Auth. [Superior Reed & Rattan Furniture Co.], 160 A.D.2d 705, 707-709 [1990]). The court did not improvidently exercise its discretion in concluding that an additional allowance was not warranted here (see Matter...

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