Majority
p. 992Joy Tomaski, as Administratrix of the Estate of David Tomaski, Deceased, Appellant, v State of New York, Respondent. (Claim No. 64660.) (Appeal No. 2.)
Judgment unanimously affirmed without costs. Same memorandum as Stack v State of New York ([appeal No. 1] 148 AD2d 991 [decided herewith]). (Appeal from judgment of Court of Claims, NeMoyer, J. —negligence.) Present — Callahan, J. P., Boomer, Green, Law-ton and Davis, JJ.
Cases cited
- Stack v. State 148 AD2d 991 p. 992