
    Thomas Pitt, Respondent, v City of New York et al., Defendants, and James Mugan, Appellant.
    Argued September 13, 1984;
    decided October 9, 1984
    
      APPEARANCES OF COUNSEL
    
      John J. Kearns for appellant.
    
      David M. Goldberg for respondent.
   OPINION OF THE COURT

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 AD2d 202).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.  