Opinion
Decided October 21, 2004.
Order reversed, with costs, and plaintiff's motion for summary judgment denied, in a memorandum.
Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Judge G.B. Smith concurs on constraint of Brill v. City of New York ( 2 N.Y.3d 648).