Opinion
June 27, 1950.
Appeal from Court of Claims.
Present — Foster, P.J., Brewster, Deyo, Bergan and Coon, JJ.
The claim is founded in negligence and was dismissed upon the ground that claimant had failed to establish his freedom from contributory negligence. (See Miner v. State of New York, 196 Misc. 752, 756.) The findings upon which judgment is based are amply sustained by evidence. The marking as "Found" of claimant's request for fact finding No. 33, which appears in the record on appeal, has been shown to be due to a clerical error. The original of said request has been shown to have been marked "Refused". Judgment of the Court of Claims unanimously affirmed, without costs.