7 N.Y.3d 799 (2006)
ERIC PARKER, Appellant,
ERIC PARKER, Appellant,
v.
MOBIL OIL CORPORATION et al., Respondents, and
ISLAND TRANSPORTATION CORPORATION et al., Defendants and Third-Party Plaintiffs-Respondents.
EXXON MOBIL CORPORATION et al., Third-Party Defendants-Respondents.
Court of Appeals of New York.
Submitted July 3, 2006. Decided August 29, 2006.*800 Motion by Association of American Railroads for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.