Lee-Hi Fuel Corp. v. State

The instant condemnation claim was filed before the effective date of EDPL 701, as amended by Laws of 1987 (ch 771), relied on by the court in granting additional allowances for actual and necessary costs, disbursements and expenses incurred in pursuing the claim. The court also used the State’s written offer, or advance payment, rather than the value proved by the State at trial, in concluding that the award was substantially in excess of the State’s proof.

The amended version of EDPL 701 was properly applied, since claimant’s rights to allowances did not accrue until after there was an…