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JOSEPH ROTH, as Administrator of the Estate of JEAN ROTH, Deceased, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 25302.) JOHN J. MURPHY et al., as Administrators of the Estate of MARY E. MURPHY, Deceased, Respondents,

Judgments affirmed, with costs; no opinion.

Concur: LOUGHRAN, FINCH, RIPPEY, CONWAY and DESMOND, JJ. LEHMAN, Ch. J., and LEWIS, J., dissent on the ground there was no proof of breach of duty by the State.

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ROTH v. STATE
(Dec 3, 1942)