Jones v. State

OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (69 AD2d 936). We note, however, that, as conceded by the Assistant Attorney-General on argument, the claim was dismissed only as to the cause of action for wrongful death.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli and Jones. Judge Meyer dissents and votes to reverse in an opinion in which Judges Wachtler and Fuchsberg concur.