Opinion
September 12, 1994
Appeal from the Supreme Court, Suffolk County (Geiler, J.).
Ordered that the order is modified, on the facts, by reducing the additional allowance to the sum of $25,677.50; as so modified, the order is affirmed, without costs or disbursements.
In a separate appeal, this Court modified the underlying condemnation award by reducing the principal sum awarded the claimant to $172,140 (see, Matter of Town of Riverhead v Lobozzo, 207 A.D.2d 790 [decided herewith]). Notwithstanding the reduction in damages, the award was substantially in excess of the Town of Riverhead's initial offer of $124,500, and the fees and disbursements were actual and necessary to obtain just compensation (see, EDPL 701; Zappavigna v. State of New York, 186 A.D.2d 557; Matter of New York City Tr. Auth. [Superior Reed Rattan Furniture Co.], 160 A.D.2d 705). Our modification of the additional allowance reflects the reduction in counsel fees (based upon the contingency agreement between the claimant and his attorney) resulting from our modification of the underlying damage award. O'Brien, J.P., Santucci, Altman and Krausman, JJ., concur.