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Runkel v. Homelsky

Court of Appeals of the State of New York
Jul 3, 1957
3 N.Y.2d 857 (N.Y. 1957)

Opinion

Argued May 22, 1957

Decided July 3, 1957

Appeal from the Appellate Division of the Supreme Court in the second judicial department, GEORGE A. ARKWRIGHT, J.

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.


Summaries of

Runkel v. Homelsky

Court of Appeals of the State of New York
Jul 3, 1957
3 N.Y.2d 857 (N.Y. 1957)
Case details for

Runkel v. Homelsky

Case Details

Full title:JAMES RUNKEL et al., Respondents, v. TINNIE V. HOMELSKY et al.…

Court:Court of Appeals of the State of New York

Date published: Jul 3, 1957

Citations

3 N.Y.2d 857 (N.Y. 1957)
166 N.Y.S.2d 307
145 N.E.2d 23

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