13 N.Y.3d 893 (2009)
2009 NY Slip Op 91243
921 N.E.2d 607
893 N.Y.S.2d 839
RACEPOINT PARTNERS, LLC, et al., Appellants,
Motion No: 2009-1325
RACEPOINT PARTNERS, LLC, et al., Appellants,
v.
JPMORGAN CHASE BANK, N.A., Respondent.
Motion No: 2009-1325
Court of Appeals of New York.
Submitted December 7, 2009. Decided December 15, 2009.Motion by American Bankers Association for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served and 24 copies filed within seven days.