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Edward Leone, as Administrator of the Estate of Carol Leone
v.
State of New York
v.
State of New York
Claim No. 30042.
New York Court of Appeals.
Mar 6, 1953.
Published opinion
Bernard Meyerson and Joseph Pulvers for appellant., Nathaniel L. Goldstein, Attorney-General (William L. Shumate and Frederick M. Garfield of counsel), for respondent.
Published
Judgment affirmed, without costs; no opinion.
Concur: Loughban, Ch. J., Desmond, Dye, Fuld and Fboessel, JJ. Lewis and Conway, JJ., dissent and vote for reversal and a new trial upon the ground that the claimant’s evidence amounted to prima facie proof of the State’s negligence.