
    James Runkel et al., Respondents, v. Tinnie V. Homelsky et al., Appellants, and City of New York, Appellant-Respondent.
    Argued May 22, 1957;
    decided July 3, 1957.
    
      
      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.
   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.  