VAN EPPS v. STATE


19 A.D.2d 854 (1963)

Robert H. Van Epps et al., Appellants, v. State of New York, Respondent. (Claim No. 35886.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 31, 1963


Judgment unanimously modified on the law and facts to increase the amount of award to $8,000 and, as so modified, affirmed, with costs to appellants. Inconsistent findings of fact disapproved and reversed and new findings made.

Memorandum:

The factual finding of the trial court that claimants failed to prove an abandonment of Town Line Road is against the weight of the evidence. Upon the trial there was received...

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