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KENYON v. STATE

18 N.Y.2d 765 (1966)

Gloria J. Kenyon (Lowery), Respondent, v. State of New York, Appellant. (Claim No. 35776.)

Court of Appeals of the State of New York.

Decided October 18, 1966.

Attorney(s) appearing for the Case

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.

Concur: Judges VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Chief Judge DESMOND and Judges FULD and KEATING dissent and vote to affirm.

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...

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