¶1*965Poster, P. J., Brewster, Bergan and Coon, JJ., concur; Heffernan, J., dissents and votes to affirm the judgment on the ground that the issue of the State’s negligence and the claimant’s contributory negligence are questions of fact. [199 Misc. 876.]
279 A.D. 964
Scully v. State
Appellate Division of the Supreme Court of the State of New York
Decided March 20, 1952
Appellate Division of the Supreme Court of the State of New York · decided 1952-03-20
Relies on Scully v. State
Decided 1952-03-20