Opinion
June 25, 1947.
Present — Taylor, P.J., Harris, McCurn, Larkin and Love, JJ.
Judgment affirmed, with costs. Memorandum: We have Considered but do not deem applicable to the instant situation Kelly v. Board of Education ( 191 App. Div. 251) and Noreck v. Fronczak ( 294 N.Y. 751). All concur. (The judgment dismisses the complaint in a negligence action.)