¶1Poster, P. J., Heffernan and Bergan, JJ., concur; Brewster, J., dissents, in the following memorandum, in which Santry, J., *982concurs: I dissent upon the grounds: (a) that there was not sufficient evidence to justify a finding of any negligent act or omission on the part of the State which was a proximate cause of the fatal accident of claimant’s intestate, and (b) that the weight of the credible evidence establishes that intestate’s death was caused by his own negligence. [193 Misc. 924.]
275 A.D.2d 981
Haggerty v. State
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 1949
Appellate Division of the Supreme Court of the State of New York · decided 1949-06-28
Relies on Haggerty v. State
Decided 1949-06-28