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This memorandum is uncorrected and subject to revision before publication
in the New York Reports.
Herbert Rubin, for Appellant.
Robert B. Nichols, for Respondent.
City of New York; State of New York; American International Companies,
et al.; and New York State Trial Lawyers Association, amici curiae.
* * * * * * * * * * * * * * *
Reargument ordered and case set down for argument on April 29, 1997. Chief Judge Kaye and Judges Titone, Bellacosa, Smith and Ciparick concur. Judges Levine and Wesley took no part.
Decided April 1, 1997