Eminent Domain

Matter of County of Village of Haverstraw v. Ferguson Mgt Co.

Court: Appellate Division, Second Department
Citation: 183 A. D. 3d 791 ( 2d Dept 2020)
Plaintiff/Respondent: Village of Haverstraw (“Haverstraw”)
Defendant/Appellant: Ferguson Mgt Co (“Ferguson”) and Executive Touch Landscaping Co, LLC (“Executive”)

Facts: Following a trial on a condemnation proceeding, Ferguson, as owner of the condemned property, moved pursuant to EDPL 701 for additional compensation in excess of the judgment amount awarded to it. At trial, the lower court determined that the value of the condemned property was $721,671. The original offer by Haverstraw was $575,000. The lower court granted Ferguson’s motion and awarded it an additional $106, 480.73 plus interest at 9%. Executive, the lessee on the condemned premises, also moved for additional compensation pursuant to EDPL 701. The lower court granted Executive $ 127,064.82 with interest at 9%. Haverstraw appealed the grant of these EDPL 701 motions to the Appellate Division, Second Department.

Holding: As to Ferguson, the Appellate Division, Second Department reversed the additional award finding that the difference between the judgment amount and the original offer was not substantial enough to justify a 701 award. As to Executive, the Appellate Division, Second Department found that the award of $127, 064.82 was not consistent with the trial record and reduced the sum to $70, 831.40. In both instances, the Appellate Division, Second Department found that pursuant to Gen. Mun Law 3-a (2), interest awarded against a government body was 6% rather than the 9% awarded by the lower court.

Submitted by: Philip Sanchez, Esq.(www.spnylaw.com)

Precis:Davida S. Scher