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WEBB v. STATE

286 A.D. 945 (1955)

William L. Webb, Appellant, v. State of New York, Respondent. (Claim No. 31734.)

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

July 14, 1955.

Judgment affirmed, without costs of this appeal to either party.

All concur, except McCurn, P. J., who dissents and votes for reversal and for judgment in favor of the claimant for the amount of his damages, in the following memorandum:

The trial court found that the claimant suffered serious injury through no negligence on his part but denied an award on the ground that no negligence has been established on the part of the State or its employees...

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