County of Oswego v. Maroney

— Order unanimously reversed on the law and in the exercise of discretion with costs and application granted in accordance with the following Memorandum: EDPL 701 provides that the court may, in its discretion, grant an additional allowance for costs, disbursements and expenses where the *1032award is substantially in excess of "the condemnor’s proof’ and when deemed necessary by the court for the condemnee to achieve just and adequate compensation. The term "condemnor’s proof’ refers to the condemnor’s initial offer (First Bank & Trust Co. v State of New York, 184 AD2d 1034; Matter of New York…