In Meyers v. State of New York, 166 Misc 2d 586 (Ct of Claims, 1995), Claimant sought fees based on a retainer which provided for fees of 50% of any amounts recovered above the advance payment. The advance payment was $1,000, and the award by the court was $37,850. The Court of Claims declined to award attorneys fees on interest on the award holding that the inclusion of interest would inject an improper and arguably duplicative element in a just compensation determination under EDPL 701. The Court in Meyers also found the fee of 50% to be too high and awarded 1/3 of the difference between the final payment of $37,850 and the advance payment of $1,000. Id. at 589.