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TAROLLI v. WESTVALE GENESEE

6 N.Y.2d 32 (1959)

John Tarolli, Respondent, v. Westvale Genesee, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided May 21, 1959.

Attorney(s) appearing for the Case

George H. Bond for appellants.

Daniel F. Mathews for respondent.

Chief Judge CONWAY and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

DESMOND, J.

A summary of the proof in this case is to be found in the dissenting opinion at the Appellate Division (6 A.D.2d 848) and need not be repeated here. There was strong evidentiary support for the affirmed finding of fact that the parties in the 1954 transaction did not intend that the vendees should acquire thereby a right of way easement as to the private road or lane...

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