Learn v. Bicentennial Wagon Train (56 N.Y.2d 883, 1982)

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 affirmed, with costs. The Appellate Division correctly ruled that Pfaffenbach v White Plains Express Corp. (17 NY2d 132) was not applicable to the facts of this case.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtlek and Meyer. Taking no part: Judge Fuchsberg.