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HARGETT v. TOWN OF TICONDEROGA

13 N.Y.3d 325 (2009)

GEORGIA HARGETT, Respondent, v. TOWN OF TICONDEROGA et al., Appellants.

Court of Appeals of New York.

Decided November 19, 2009.

Attorney(s) appearing for the Case

FitzGerald Morris Baker Firth P.C., Glens Falls (John D. Aspland, Jr., of counsel), for appellants.

Darrell W. Harp, Clifton Park, for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

On this appeal, we must determine whether Eminent Domain Procedure Law (EDPL) § 702 (B) provides for reimbursement of attorney's fees and costs when a condemnee successfully challenges a condemnor's authority to acquire real property in proceedings pursuant to EDPL 207 (A). We conclude that EDPL 702 (B) provides for reimbursement under such circumstances, and...

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