Silbernagel v. City of New York

OPINION of the court

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed, with costs, order of Supreme Court, Bronx County, reinstated and question certified answered in the negative (Pierson v City of New York, 56 NY2d 950).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer; Judges Fuchsberg and Meyer on constraint of Pierson v City of New York (56 NY2d 950). Taking no part: Judge Gabrielli.