Town of Esopus v. Gordon

OPINION OF THE COURT

John G. Connor, J.

By notice of motion respondents/plaintiffs seek an order pursuant to EDPL 701 granting to them as condemnees an additional allowance for extraordinary expenses incurred for expert witnesses and legal counsel.

*194EDPL 701 as amended in 1982 reads as follows:

"701. Additional allowance

"In instances where the order or award is at least two hundred percent of the amount of the condemnor’s proof and where it shall appear to the court that a condemnee has borne extraordinary expenses for expert witnesses fees beyond the expense for the preparation of an expert…