Ordered that the order is affirmed insofar as appealed from, with costs.
The Court of Claims correctly denied the defendant's cross motion to dismiss the claim for failure to state a cause of action. The court properly rejected the defendant's contention that the personal representative of the now-deceased claimant, absent the live testimony of the latter, will be unable, as a matter of law, to establish the claim by "clear and convincing evidence" (Court of Claims...
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