Opinion
October 3, 1994
Appeal from the Supreme Court, Kings County (Leone, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
In this case, the condemnor's offer was $52,000, while the claimant was awarded $152,000. As the $100,000 difference was 192% above the offer, the Supreme Court providently exercised its discretion in granting the claimant an additional award of $42,022.60 comprised of an attorneys' fee of $38,822.60, an appraiser's fee of $2,500, and a transcript fee of $700 (see, EDPL 701; Hakes v. State of New York, 81 N.Y.2d 392, 397-398; Matter of E.D.J. Quality Realty Corp. v. Village of Massapequa Park, 204 A.D.2d 321; Matter of County of Suffolk v. Johnathan, 190 A.D.2d 848; Hoffman v. Town of Malta, 189 A.D.2d 968; Scuderi v State of New York, 184 A.D.2d 1073, 1074; Matter of Malin v. State of New York, 183 A.D.2d 899). We have considered the condemnor's remaining arguments and find them to be without merit. Rosenblatt, J.P., O'Brien, Ritter and Florio, JJ., concur.