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. T. 751). All concur. (The judgment dismisses the complaint in a negligence action.) Present — Taylor, P. J., Harris, McCurn, Larkin and Love, JJ.