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MINER v. STATE OF NEW YORK

284 A.D. 691 (1954)

Bernard Miner, Respondent, v. State of New York, Appellant. (Motion No. 2663.)

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

October 27, 1954.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Henry S. Manley and Wendell P. Brown of counsel), for appellant.

George C. Valette for respondent.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and VAN DUSER, JJ.

Per Curiam.

The Court of Claims in the motion by claimant for leave to file a claim against the State had before it the affidavit of claimant only. That his alleged present condition is the result of the accident of August 15, 1952, is not supported by the affidavit of any competent physician. He, himself, is not competent to so find. He knew he was injured at the time of the accident; his hospital, medical and doctor...

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