Ordered that the judgment is reversed, on the law and the facts, the claim is reinstated, and the matter is remitted to the Court of Claims for a new trial on the issue of liability, including the apportionment of fault, and damages, if warranted, with costs to abide the event.
Where, as here, a case is tried without a jury, this Court's power to review the evidence is as broad as that of the trial court, "taking into account in a close case the fact that the trial...
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