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Karas v. State

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1991
169 A.D.2d 816 (N.Y. App. Div. 1991)

Opinion

January 28, 1991

Appeal from the Court of Claims (McCabe, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

The trial court properly exercised its discretion in awarding the claimant an additional allowance pursuant to EDPL 701. Whereas the court found that the claimant was entitled to an award of the principal sum of $257,918 for her appropriated property, the State's initial prelitigation offer had been $182,200, a substantially lesser amount (see, EDPL 701; Matter of New York City Tr. Auth. [Superior Reed Rattan Furniture Co.], 160 A.D.2d 705). In addition, the trial court properly gave retroactive effect to the amendment, effective August 7, 1987, to EDPL 701 (see Matter of New York City Tr. Auth. [Superior Reed Rattan Furniture Co.], supra; Matter of City of New York [Long Is. Sound Realty Co.], 160 A.D.2d 696; Matter of Town of Esopus [Gordon], 143 Misc.2d 193, affd 162 A.D.2d 829). Mangano, P.J., Thompson, Eiber and Rosenblatt, JJ., concur.


Summaries of

Karas v. State

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1991
169 A.D.2d 816 (N.Y. App. Div. 1991)
Case details for

Karas v. State

Case Details

Full title:THEODOSIA KARAS, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 28, 1991

Citations

169 A.D.2d 816 (N.Y. App. Div. 1991)
565 N.Y.S.2d 185

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