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Leone v. State

305 N.Y. 573 Court N.Y. Decision date 1953-03-06 Docket Claim No. 30042 English

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Majority

p. 573
Edward Leone, as Administrator of the Estate of Carol Leone, Deceased, Appellant, v. State of New York, Respondent.
(Claim No. 30042.)
Argued January 13, 1953;
decided March 6, 1953.
p. 574
Bernard Meyerson and Joseph Pulvers for appellant.
Nathaniel L. Goldstein, Attorney-General (William L. Shumate and Frederick M. Garfield of counsel), for respondent.

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.