Patouillet v. State

Judgment unanimously modified on the law and facts in accordance with memorandum, and as so modified affirmed, with costs to claimant. Memorandum: The value of the appropriated property falls within the range of the evidence. We further note that upon the record before us, their is ample proof of the existence of a 60-foot wide right of way by necessity, as determined by the acts and conduct of the owners (2 Warren’s Weed, N. Y. Real Property, Easements, § 20.01). The interest in that part of the property appropriated in 1962 consisting of the .492 acres of land owned by Freda Graniero was…