9 N.Y.3d 987 (2007)
JOSEPH D. ROBINSON, Respondent,
JOSEPH D. ROBINSON, Respondent,
v.
CSX TRANSPORTATION, Appellant.
Court of Appeals of the State of New York.
Submitted August 13, 2007. Decided November 27, 2007.Judge READ taking no part.
Motion by the Association of American Railroads for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.