Runkel v. Homelsky , 3 N.Y.2d 857 ( 1957 )

Judgment affirmed, with costs to respondents against appellants and appellant-respondent and with costs to appellant-respondent against appellants; no opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld and Froessel, JJ. Van Voorhis, J., dissents and votes to reverse and to dismiss the complaint upon the ground that the municipality is not liable in negligence for omission to exercise police power (Steitz v. City of Beacon, 295 N. Y. 51). Taking no part: Burke, J.