Majority
p. 573Edward 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.