Opinion
Argued October 21, 1942
Decided December 3, 1942
Appeal from the Supreme Court, Appellate Division, Fourth Department, BARRETT, J.
John J. Bennett, Jr., Attorney-General ( James H. Glavin, Jr., of counsel), for appellant.
M. Francis Malone and Leo O. Coupe for respondents.
Judgments affirmed, with costs; no opinion.
Concur: LOUGHRAN, FINCH, RIPPEY, CONWAY and DESMOND, JJ. LEHMAN, Ch. J., and LEWIS, J., dissent on the ground there was no proof of breach of duty by the State.