Frisbro Enterprises, Ltd. v. State

OPINION OF THE COURT

Leonard Silverman, J.

Claimant seeks an additional allowance for actual and necessary costs, disbursements and expenses pursuant to EDPL 701.

After trial, this court awarded claimant a judgment for the permanent, partial appropriation of its property in the amount of $56,390 plus interest. The decision was filed on June 7, 1989. Judgment was entered on August 3, 1989. The defendant served a certificate of no appeal dated September 8, 1989 on claimant.

Claimant’s expert testified at trial that the subject property sustained damages in the amount of $138,000. Defendant’s *398expert…