Opinion
Argued March 19, 1984
Decided May 1, 1984
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Irwin Silbowitz, J.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Marvin R. Kwartler and Stephen J. McGrath of counsel), for City of New York, appellant.
Carol Mellor and Joseph Fallek for Richard Riccio, appellant.
Emilio Nunez and Fred R. Profeta, Jr., for respondents.
Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 92 A.D.2d 813). We add only that the evidence was sufficient to present a jury question as to appellant Riccio.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.