Haggerty v. State 275 A.D.2d 981

Poster, P. J., Heffernan and Bergan, JJ., concur; Brewster, J., dissents, in the following memorandum, in which Santry, J., *982concurs: I dissent upon the grounds: (a) that there was not sufficient evidence to justify a finding of any negligent act or omission on the part of the State which was a proximate cause of the fatal accident of claimant’s intestate, and (b) that the weight of the credible evidence establishes that intestate’s death was caused by his own negligence. [193 Misc. 924.]