MESSINEO v. CITY OF AMSTERDAM

Order affirmed, without costs; no opinion.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and KEATING. Chief Judge DESMOND and Judge KEATING concur in the following memorandum: Affirmance here seems compelled under the rule of non-liability most recently applied by this court in Motyka v. City of Amsterdam ( 15 N.Y.2d 134) and Henry v. City of New York ( 15 N.Y.2d 726) and which rule the court now declines to change. However, we again call attention, as in the dissent in Motyka ( supra, p. 140), to the injustice of the rule and its incongruity under modern conditions. Taking no part: Judge BERGAN.