WOLFE v. STATE OF NEW YORK


23 A.D.2d 136 (1965)

Richard W. Wolfe, Respondent, v. State of New York, Appellant. (Claim No. 41115.)

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

May 6, 1965.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jean M. Coon of counsel), for appellant.

Kramer, Wales & Robinson (Donald W. Kramer of counsel), for respondent.

REYNOLDS, TAYLOR, AULISI and HAMM, JJ., concur.


HERLIHY, J. P.

The claimant owned 156.735 acres of land, best suited for residential purposes. The State appropriated for highway purposes 0.900 acres in fee and two permanent easements 0.707 acres in area. It is unquestioned that the State has taken all of the claimant's access unless it can be found he has access across the area appropriated for the permanent easement. The easements are described as follows...

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