Judgment affirmed, with costs. The State does not challenge the amount of the award. All concur, except Crosby, J., who dissents and votes for a reversal on the law and facts and a new trial. (The judgment is for damages for death of claimant’s intestate resulting from injuries received in a State institution.) Present — Sears, P. J., Taylor, Edgcomb, Crosby and Lewis, JJ.