Majority
p. 784Ludwig Klein, Respondent, v John T. O’Hagan, as Commissioner of the New York City Fire Department, et al., Appellants. Argued September 3, 1980; decided October 7, 1980
p. 785
APPEARANCES OF COUNSEL
Allen G. Schwartz, Corporation Counsel (Alexander J. Wulwick and Carolyn E. Demarest of counsel), for appellants.
Ronald H. Shechtman for respondent.
OPINION OF THE COURT
Order reversed, with costs, and the determination of the commission reinstated for reasons stated in the dissenting memorandum by Mr. Justice Samuel J. Silverman at the Appellate Division ( 70 AD2d 514 , 515-516).
p. 786
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
Cases cited
- Klein v. O'Hagan 70 AD2d 514 at 515-516 p. 785