Majority
p. 877Marion T. Martindale, as Administrator, etc., of Josephine E. Martindale, Deceased, Respondent, v. The State of New York, Appellant. [Claim No. 23570.]
Judgment affirmed, with costs. The State does not challenge the amount of the award. All concur, except Crosby, J., who dissents and votes for a reversal on the law and facts and a new trial. (The judgment is for damages for death of claimant’s intestate resulting from injuries received in a State institution.) Present — Sears, P. J., Taylor, Edgcomb, Crosby and Lewis, JJ.