Pagano v. State of New York , 523 N.Y.S.2d 42 ( 1987 )

— Judgment unanimously affirmed without costs. Same memorandum as in Ball v State of New York ([appeal No. 1] 134 AD2d 827 [decided herewith]). (Appeal from judgment of Court of Claims, Moriarity, J. — negligence.) Present — Dillon, P. J., Denman, Green, Balio and Davis, JJ.