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Archive | EDPL Sec. 701

October 20, 2020

Why Adjust Expert Fee in An Application Pursuant to EDPL Section 701?

In a recent decision by the Honorable Wayne P. Saitta, Supreme Court, Kings County, the court discussing Section 701 of the Eminent Domain Procedure Law stated: Where the proof offered by a claimant has had no effect on the final award, then it cannot be found to have been necessary to achieve just and adequate compensation and the court will not award an additional allowance as to those efforts.  (First Bank & Trust Co. of Corning v State of New York, 184 AD2d 1034, [4th Dept 1992] affd 81 NY… read more

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Posted in EDPL Sec. 701, Reimbursement of Legal Fees
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May 15, 2019

EDPL SECTION 701: LEGAL FEES, APPRAISAL FEES AND DISBURSEMENT REIMBURSEMENTS

          The Second Department handed down Matter of City of Long Beach v Sun NFL Limited Partnership on May 15, 2019 ___ AD3d ___, 2016-13371.  The decision concerned an application for reimbursement of legal, appraisal fees and disbursements pursuant to EDPL Section 701.           The condemnor made a pre-vesting offer to the property owner of $2,080,000.  After trial the Supreme Court awarded $11.8 million.  Claimant sought an additional allowance totaling $2,024,412.           The trial court reduced the amount sought for attorneys’ fees and awarded $831,303.   The condemnor appealed and claimant… read more

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Posted in Attorneys' Fees Reimbursement, EDPL Sec. 701, Uncategorized
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October 17, 2018

A TRIPLE AAA DECISION – MATTER OF VILLAGE OF HAVERSTRAW v AAA ELECTRICIANS, INC.

On October 17, 2018, the Appellate Division, Second Department handed down a decision affirming the award of $1,190,582.91 for an additional allowance for legal and expert fees.  The additional allowance was awarded by the Honorable Bruce E. Tolbert. The additional allowance was authorized by Section 701 of the Eminent Domain Procedure Law. In August 1987, the Eminent Domain Procedure Law (EDPL), §701, was amended to provide that when an award in a condemnation proceeding was “substantially” in excess of the condemnor’s proof on the trial, the trial court, in its… read more

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Posted in EDPL Sec. 701, Legal Fees
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