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THOMAS PITT, Respondent, v. CITY OF NEW YORK et al., Defendants, and JAMES MUGAN, Appellant.

Order affirmed, with costs, and question certified answered in the affirmative for reasons stated in the opinion by Justice Fritz W. Alexander at the Appellate Division ( 94 A.D.2d 202).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.

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PITT v. CITY OF NEW YORK
(Oct 9, 1984)