In condemnation proceeding, the Supreme Court, Nassau County, awarded condemnee attorney fees in the sum of $831,303.22, expert fees in the sum of $65,100, and costs and disbursements in the sum of $2,133.90. Both parties appealed.
The Supreme Court, Appellate Division, held that contingency fee of $1,366,250 was a reasonable award of attorney fees to condemnee.
Contingency fee of $1,366,250 was a reasonable award of attorney fees to condemnee in condemnation action, even though retainer agreement executed by condemnee provided that condemnee’s counsel would receive 20% of first $500,000 of excess over condemnor’s initial offer and 15% of any further excess received by condemnee, where the retainer agreement was executed after condemnor’s initial offer, condemnor’s initial offer undervalued property worth $11.8 million at just $2,080,000, and a great deal of effort was required to establish the highest and best use of the properties.