Opinion
Argued September 21, 1966
Decided October 18, 1966
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN H. COOKE, J.
Louis J. Lefkowitz, Attorney-General ( Jean M. Coon and Ruth Kessler Toch of counsel), for appellant.
Edward H. Kavinoky, Edward N. Mills and Wayne D. Wisbaum for respondent.
Judgment entered after the order of the Appellate Division reversed and the original judgment of the Court of Claims dismissing the claim reinstated, without costs, upon the ground that the evidence more nearly accords with the findings of the Court of Claims than of the Appellate Division.
Concur: Judges VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Chief Judge DESMOND and Judges FULD and KEATING dissent and vote to affirm.