2 N.Y.3d 733 (2004)
64TH ASSOCIATES, L.L.C., Appellant,
64TH ASSOCIATES, L.L.C., Appellant,
v.
MANHATTAN EYE, EAR & THROAT HOSPITAL et al., Respondents.
Court of Appeals of the State of New York.
Submitted March 22, 2004. Decided March 25, 2004.Motion by Eliot Spitzer, Attorney General of the State of New York, for leave to appear amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.