
    Sylvia Mendel et al., Plaintiffs, and Birjees Barakat et al., Appellants, v Henry Phipps Plaza West, Inc., et al., Respondents, et al., Defendants.
    Submitted August 29, 2005;
    decided September 13, 2005
   Motion by the Council of the City 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.  