Appellate Division of the Supreme Court of the State of New York October 23, 1964, Claim No. 38352 (Estate of Davis v. State)

Herlihy, J.

The State appeals from that part of an order of the Court of Claims which, after dismissing the claim, granted the motion to file an amended claim. The original claim, dated October 3, 1960, was brought to recover for the wrongful death of the husband of the claimant on July 19, 1960 and alleged that his estate and next of kin sustained damages.