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RUNKEL v. HOMELSKY

3 N.Y.2d 857 (1957)

James Runkel et al., Respondents, v. Tinnie V. Homelsky et al., Appellants, and City of New York, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel (Anthony Curreri and Seymour B. Quel of counsel), for appellant-respondent.

George S. Pickwick for appellants.

Alfred S. Julien and Abraham Yesnowitz for respondents.

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.

Judgment affirmed, with costs to respondents against appellants and appellant-respondent and with costs to appellant-respondent against appellants...

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