15 N.Y.3d 830 (2010)
LOUIS F. ORTIZ, Appellant,
Motion No: 2010-1073
LOUIS F. ORTIZ, Appellant,
v.
VARSITY HOLDINGS, LLC, et al., Respondents.
Motion No: 2010-1073
Court of Appeals of New York.
Submitted September 13, 2010. Decided September 16, 2010.Motion by Defense Association of New York, Inc. for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.