
    Arlene Toefer et al., Appellants, v Long Island Rail Road, Defendant and Third-Party Plaintiff-Respondent. Jana Construction Co., Inc., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants. (And a Fourth-Party Action.)
    Submitted September 7,. 2004;
    decided September 21, 2004
   Motion by Defense Association of New York, Inc. for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.  