Majority
p. 652Janice Birnbaum et al., as Coexecutors of Bernard P. Birnbaum, Deceased, Respondents, v State of New York, Appellant. (Claim No. 63695.)
Order and judgment unanimously affirmed, with costs, for reasons stated in memorandum decision at Court of Claims, McMahon, J. (Appeal from order and judgment of Court of Claims, McMahon, J. — partial summary judgment.) Present — Dillon, P. J., Callahan, Doerr, Denman and Moule, JJ.