SILBERNAGEL v. CITY OF NEW YORK

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 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 N.Y.2d 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 N.Y.2d 950). Taking no part: Judge GABRIELLI.