Killeen v. State

Lawrence, J.,

dissents and votes to reverse the judgment, on the facts, and remit the matter to the Court of Claims for the entry of judgment in favor of the, claimants on the issue of liability and damages, with the following memorandum in which Eiber, J., concurs.

The undisputed facts as to the occurrence of the accident were set forth in our earlier decision as follows (see, Killeen v State of New York, 104 AD2d 586): "Kevin Killeen had been *839diagnosed as suffering from severe mental retardation due to encephalopathy, with a maximum mental age of four years and one month. Throughout his life…