
    James Black, Appellant, v New York City Transit Authority et al., Respondents. (And a Third-Party Action.)
    Submitted August 24, 1998;
    decided September 15, 1998
   Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, First Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]).  