4 N.Y.3d 734 (2004)
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellant,
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellant,
v.
ROBERT MALLELA, et al., Respondents.
Court of Appeals of the State of New York.
Submitted December 13, 2004. Decided December 16, 2004.Motion by Gregory V. Serio, Superintendent of Insurance of the State of New York, for leave to file a brief amicus curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed.