
6 N.Y.3d 732 (2005)
ESTATE OF BRENDAN BOYLE et al., Appellants,
v.
JAMES SMITH et al., Defendants, and
OTTO GARCIA et al., Respondents.
Court of Appeals of the State of New York.
Submitted December 5, 2005.
Decided December 15, 2005.
Motion by American Tort Reform Association for leave to file *733 a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
