9 N.Y.3d 934 (2007)
ANNETTE J. KISH, as Administrator De Bonis Non of the Estate of JAMES J. JERGE, Deceased, Respondent,
ANNETTE J. KISH, as Administrator De Bonis Non of the Estate of JAMES J. JERGE, Deceased, Respondent,
v.
DAVID H. GRAHAM, M.D., et al., Appellants.
Court of Appeals of the State of New York.
Submitted October 9, 2007. Decided October 11, 2007.Motion by New York State Trial Lawyers' Association for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.