National Fuel Gas Supply Corp. v. Cunningham Natural Gas Corp.

—Judgment unanimously modified in the exercise of discretion and as modified affirmed without costs in accordance with the following Memorandum: In this action, brought under the EDPL to appropriate lands for a gas storage field, defendants were awarded a judgment, as reduced by this Court, of $57,301 (National Fuel Gas Supply Corp. v Smole, 174 AD2d 991). Plaintiff’s initial offer in settlement of the action was $28,736. We agree with the trial court that, because the award was substantially in excess of plaintiff’s initial offer, the court was empowered to award to defendants an additional…