9 N.Y.3d 1013 (2008)
DZAFER VUCETOVIC et al., Appellants,
DZAFER VUCETOVIC et al., Appellants,
v.
EPSOM DOWNS, INC., Respondent.
Court of Appeals of the State of New York.
Submitted November 5, 2007. Decided January 8, 2008.Motion by City of New York for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.