Silbernagel v. City of New York (57 N.Y.2d 691, 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 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.