Opinion
January 14, 1955.
Appeal from Court of Claims.
Present — McCurn, P.J., Vaughan, Piper, Wheeler and Van Duser, JJ.
Upon reargument, judgment reversed on the law and facts and matter remitted to the Court of Claims for determination upon the trial record of the amount of damages in favor of the claimant, without costs of this appeal to either party. Certain findings of fact and conclusions of law disapproved and reversed and new findings made. (See opinion by VAUGHAN, J., filed in Gurevitch v. State of New York, 284 App. Div. 717.) All concur, except Piper, J., who dissents and votes for affirmance in a separate opinion (see 284 App. Div. 717, 720.)