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Brown v. State

6 N.Y.2d 883 Court N.Y. Decision date 1959-07-08 Docket Claim No. 32609 English

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Majority

p. 883
Leo J. Brown, Respondent, v. State of New York, Appellant.
(Claim No. 32609.)
Argued March 12, 1959;
decided July 8, 1959.
p. 885
Louis J. Lefkowits, Attorney-General (Paxton Blair of counsel), for appellant.
Bussell J. Danieu for respondent.

Judgment of Appellate Division reversed and that of the Court of Claims reinstated, with costs in this court and in the Appellate Division, upon the ground that the preponderance of the credible evidence supports a finding that claimant was guilty of contributory negligence in driving his motor vehicle. No opinion.

Concur: Judges Dye, Fboessel, Van Voobhis and Bubkb. Chief Judge Conway and Judges Desmond and Fuld dissent and vote to affirm.