Dodge v. Connecticut Mutual Life Insurance — 40 A.D.2d 937

Majority

p. 937

In the Matter of Raymond H. Dodge, as Commissioner of Public Works of the City of Syracuse, Respondent-Appellant, v. Connecticut Mutual Life Insurance Co., Appellant-Respondent.

Order unanimously modified to grant defendant an additional allowance in the sum of $20,737.75 with costs. Memorandum: The record shows that the city did not negotiate with defendant in good faith, originally offering only $175,000 when its own appraisal placed the value of the property in excess of $250,000. Defendant obtained an award in the sum of $414,755, which was properly confirmed by Special Term (Matter of Huie, 2 N Y 2d 168 ). Under the circumstances it was an improvident exercise of discretion by Special Term to deny to defendant an additional allowance of 5% as authorized by Condemnation Law (§ 16, subd. 2) (see Matter of Dodge v. Tierney, 40 A D 2d 936 ). (Appeal from part of order of Onondaga Special Term in condemnation proceeding.) Present — Marsh, J. P., Witmer, Moule, Cardamone and Henry, JJ.

Cases cited

In re Huie 2 N Y 2d 168 N.Y. 1956-11-30 p. 937
Dodge v. Tierney 40 A D 2d 936 N.Y. App. Div. 1972-11-02 p. 937