Opinion
May 1, 1967
MEMORANDUM BY THE COURT. The order of this court entered upon its memorandum decision ( 24 A.D.2d 918) having been reversed ( 19 N.Y.2d 698) and the matter remitted for a determination of questions of fact, we find that the State of New York was negligent in failing to properly inspect the stretcher and in permitting its employees to use defective hospital equipment, which was the proximate cause of the injury (see Holtfoth v. Rochester Gen. Hosp., 304 N.Y. 27, 32); that the claimant, Marie E. Sivertsen, was free from contributory negligence; that the awards to the claimants were reasonable, adequate and not excessive. Judgment of the Court of Claims affirmed, with costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by the court.