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, ...
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