Opinion
December 8, 1966
Appeal from the Herkimer Special Term.
Present — Williams, P.J., Bastow, Goldman, Henry and Del Vecchio, JJ.
Order insofar as appealed from by R. Greene Real Estate Corporation unanimously reversed and application for additional allowance of 5% of the amount of the award granted; and otherwise order insofar as appealed from by the City of Little Falls affirmed, without costs of these appeals to either party. Memorandum: In the exercise of a proper discretion the application for additional allowance should have been granted. ( Power Auth. of State of N.Y. v. Wustrack, 10 N.Y.2d 730; Matter of Dodge v. Kelley, 19 A.D.2d 797. )