Legal Opinion
Hakes v. State of New York
New York Court of Appeals
Decided June 10, 1993No. Claim 71384; Claim 71348PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
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 con demnee 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 a 23-acre parcel of land in Steuben County for $14,000. In August 1982 and March 1983, the State appropriated 19.46 acres, for which it offered claimants $13,450. The highest and best use of the property was mining mineral…
2Cases cited4 opinions
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- MTR. STATE v. Ford Motor Co.New York Court of Appeals · 1989
- Patron v. PatronNew York Court of Appeals · 1976
- Matter of County of Westchester v. BaruchNew York Court of Appeals · 1928
3Cited by36 opinions
- Metropolitan Transportation Authority v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- Town of Islip v. SikoraAppellate Division of the Supreme Court of the State of New York · 1995
- R-GOSHEN LLC v. Village of GoshenDistrict Court, S.D. New York · 2003
- Estate of Haynes v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 2000
- J.W. Mays, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 2002
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