
    Thomas J. Seguin, Respondent-Appellant, v. State of New York, Appellant-Respondent.
    (Claim No. 32339.)
    Argued December 4, 1961;
    decided January 11, 1962.
    
      
      Louis J. Lefkowitz, Attorney-General (Paxton Blair of counsel), for appellant-respondent.
    
      John T. DeGraff, John B. Leonard and Carroll J. Mealey for respondent-appellant.
   Judgment affirmed, with costs to claimant; no opinion.

Concur: Chief Judge Desmond and Judges Fuld, Froessel, Van Voorhis, Burke and Foster. Judge Dye dissents and votes to reinstate the judgment of the Court of Claims upon the ground that the plaintiff was guilty of contributory negligence as a matter of law.  