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COX v. STATE OF NEW YORK

207 Misc. 639 (1954)

Catherine Cox, as Executrix of Edward P. McGrath, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 30168.) Catherine Cox, as Executrix of Edward P. McGrath, Deceased Administrator of The Estate of Mary McGrath, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 30169.)

Court of Claims.

December 9, 1954.

Attorney(s) appearing for the Case

Harry O. Lee for claimants.

Nathaniel L. Goldstein, Attorney-General (David Marcus of counsel), for defendant.

LAMBIASE, J.

The Appellate Division of the Supreme Court having reversed this court's (YOUNG, J.) judgment on the law, and having ordered a new trial in each of the above-entitled claims, the said claims were brought on for a new trial before us. It was stated by the Appellate Division in reversing that it had not yet considered the findings of fact.

Upon the new trial before us, by stipulation of the...

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