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.