City of Utica v. Gold Medal Packing Corp.

The question presented is whether the petitioner, trustee in bankruptcy of the owner of condemned real property, may make an application for 5% additional allowance of costs pursuant to subdivision 2 of section 16 of the 'Condemna*183tion Law more than a year after confirmation of the condemnation award.

In December, 1965, a condemnation action was instituted involving the real property of the Gold Medal Packing Corporation, now bankrupt. The Commissioners awarded the bankrupt the sum of $542,434 for the property and that award was confirmed by the court August 11, 1966. The money was subsequently…