¶1Judgment affirmed, without costs of this appeal to any party. All concur, except Dowling, J., who dissents and votes for reversal and for granting a judgment for claimants in the amount of the damages as fixed by the findings of the Court of Claims. (See Feinman v. Rubenstein, 264 N. Y. 662.) (The judgment dismisses a claim for damages for negligence in maintenance of a fence along a footpath in Beaver Island State Park on Grand Island.) Present — Crosby, P. J., Cunningham, Dowling, Harris and McCurn, JJ.
262 A.D. 1063
Mackney v. State
Appellate Division of the Supreme Court of the State of New York
Decided October 1, 1941
Appellate Division of the Supreme Court of the State of New York · decided 1941-10-01
Relies on Feinman v. Rubenstein
Decided 1941-10-01