General

In the Matter of Raymond H. Dodge, as Commissioner of Public Works of the City of Syracuse, Respondent, v. Leo D. Kelley et al., Appellants

19 A.D.2d 797·New York Supreme Court, Appellate Division·1963·NY

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Opinion

In the Matter of Raymond H. Dodge, as Commissioner of Public Works of the City of Syracuse, Respondent, v. Leo D. Kelley et al., Appellants. [MAJORITY] Judgment insofar as appealed from unanimously reversed, with $50 costs and disbursements and application for additional allowance of 5% of the amount of the award granted. Memorandum: In the exercise of a proper discretion the application should have been granted. (Power Auth. of State of N. Y. v. Wustrack, 10 N Y 2d 730.) (Appeal from certain parts of a judgment of Onondaga County Court denying an application for additional allowance for attorneys’ fees and expenses pursuant to section 16 of the Condemnation Law.) Present — Williams, P. J., Bastow, Goldman, Henry and Noonan, JJ.