Di Giacomo v. City of New York , 46 N.Y.2d 894 ( 1979 )

OPINION OF THE COURT

Order reversed, with costs, and the order and the judgment of Supreme Court, New York County, dismissing the petition reinstated on the dissenting opinion by Mr. Justice Samuel J. Silverman at the Appellate Division (58 AD2d, at pp 358-362). Question certified answered in the negative.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler and Fuchsberg. Judge Gabrielli dissents and votes to affirm in the following memorandum.