Opinion
1504N
June 24, 2003.
Order, Supreme Court, New York County (Stanley Parness, J.), entered February 6, 2002, which granted claimant condemnee's motion for an additional allowance pursuant to EDPL § 701, including an award of $267,553 for attorneys' fees, an award of $29,736.73 for appraisal fees and an award of $5,436.48 for miscellaneous expenses, unanimously affirmed, without costs.
Anthony P. Semancik, for petitioner-appellant.
M. Robert Goldstein, for claimant-respondent.
Before: Nardelli, J.P., Andrias, Saxe, Williams, Friedman, JJ.
In view of the circumstance that the amount awarded after trial was substantially in excess of the condemnor's offer, Supreme Court properly exercised its discretion in granting claimant-respondent, pursuant to EDPL § 701, the above-indicated additional allowances (see Matter of Metro. Tr. Auth. v. Ausnit, 306 A.D.2d 190 [decided herewith]), which were reasonable under the circumstances (see Hakes v. State of New York, 81 N.Y.2d 392, 397-398).
We have considered appellant's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.