Legal Opinion
First Bank & Trust Co. v. State
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 1992No. Claim No. 71348PublishedCited by 11 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: The appropriation and claim here antedate the August 7, 1987 effective date of the amendment to EDPL 701, which permits a discretionary allowance for attorney’s, appraiser’s and engineering fees. The State argues that the amendment may not be applied retroactively. We disagree. The amendment does not create a new remedy; it merely expands a preexisting one (see, Thomas v State of New York, 179 AD2d 945 [3d Dept]; Lee-Hi Fuel Corp. v State of New York, 179 AD2d 494 [1st Dept]; Matter of New York City Tr. Auth. [Superior Reed & Rattan…
2Cases cited4 opinions
- In re the New York Transit AuhorityAppellate Division of the Supreme Court of the State of New York · 1990
- Michael v. StateAppellate Division of the Supreme Court of the State of New York · 1992
- Lee-Hi Fuel Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1992
- Done Holding Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by11 opinions
- Scuderi v. StateAppellate Division of the Supreme Court of the State of New York · 1992
- Estate of Haynes v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 2000
- In re Acquisition of Real Property by the County of ClintonAppellate Division of the Supreme Court of the State of New York · 1994
- In re New York State Urban Development Corp.New York Supreme Court · 2000
- City of Long Beach v. Sun NLF Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2017
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