MARSON v. NEW YORK STATE THRUWAY AUTHORITY

Judgment insofar as appealed from modified on the law in accordance with the memorandum and as modified affirmed, with costs to the claimants. Memorandum: The judgment insofar as appealed from should be modified to conform with the rule laid down in Vescera v. State of New York ( 3 A.D.2d 644). All concur.