
    William I. Koch, Appellant, v Acker, Merrall & Condit Company, Respondent.
    Submitted February 27, 2012;
    decided March 22, 2012
    Reported below, 73 AD3d 661.
   Motion by Pacific Legal Foundation for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.

Judge Smith taking no part.  