WHERE CONDEMNOR’S OFFER WAS INADEQUATE, CLAIMANT MAY BE MADE WHOLE
Within the context of a condemnation proceeding, the City of New York offered the property owner $611,000 as compensation for the taking.
After a non-jury trial, however, the Richmond County Supreme Court determined that the property was actually valued at $10,100,000, which amount was reduced on a prior appeal to $3,165,513.
When the property owner later sought to collect all legal fees incurred in the dispute, the court awarded that claimant $799,627.64, which included prejudgment interest that had accrued while the prior appeal was pending.
On its review, the Appellate Division, Second Department, noted that when a condemnor’s offer is inadequate, a court may award a claimant legal and “other fees,” as may be necessary to make the claimant “whole.” Despite the contingency nature of the arrangement with its counsel, the AD2 thought that those monies, including any prejudgment interest, were appropriately recoverable.
Isn’t that interesting?
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DECISION