Opinion
Argued December 4, 1961
Decided January 11, 1962
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, RICHARD S. HELLER, J.
Louis J. Lefkowitz, Attorney-General ( Paxton Blair of counsel), for appellant-respondent.
John T. DeGraff, John B. Leonard and Carroll J. Mealey for respondent-appellant.
Judgment affirmed, with costs to claimant; no opinion.
Concur: Chief Judge DESMOND and Judges FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Judge DYE dissents and votes to reinstate the judgment of the Court of Claims upon the ground that the plaintiff was guilty of contributory negligence as a matter of law.