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WILLIAMS v. STATE

284 A.D. 1027 (1954)

Bessie D. Williams, as Executrix of Albert Williams, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 30880.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 17, 1954.

Judgment affirmed, with costs.

All concur, except Piper and Wheeler, JJ., who dissent and vote for reversal and for dismissal of the claim in the following memorandum:

We think the finding of the Court of Claims that the State was negligent is contrary to and against the weight of the evidence. Further we find no competent evidence in this record that Kennedy "by use of force, threats and duress, compelled" decedent Williams "to drive and transport said William...

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