Legal Opinion

Meyers v. State

New York Court of Claims

Decided September 28, 1995No. Claim No. 78127PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Frank S. Rossetti, J.

Motion by claimants for additional allowances for attorney and appraiser fees under EDPL 701 is granted, in accordance with the following.

The State concedes as it must that the award of $37,850 is substantially in excess of its pretrial offer of $1,000. (See, EDPL 701; see, e.g., Matter of New York City Tr. Auth. [Superior Reed & Rattan Furniture Co.], 160 AD2d 705, 709-710.) However, defendant argues that the attorneys’ fee requested is excessive and that no additional allowance should be granted for claimants’ appraiser because the court supposedly…

2Cases cited10 opinions

  1. Hakes v. State of New YorkNew York Court of Appeals · 1993
  2. In re the New York Transit AuhorityAppellate Division of the Supreme Court of the State of New York · 1990
  3. Becker v. Empire of America Federal Savings BankAppellate Division of the Supreme Court of the State of New York · 1991
  4. First Bank & Trust Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1992
  5. Hoffman v. Town of MaltaAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by3 opinions

  1. 627 Smith St. Corp. v. Bureau of Waste Disposal of the Department of SanitationAppellate Division of the Supreme Court of the State of New York · 2001
  2. In re the Acquisition of Real Property by the Village of Johnson CityAppellate Division of the Supreme Court of the State of New York · 2000
  3. In re City of New YorkNew York Supreme Court · 2010

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