
    64th Associates, L.L.C., Appellant, v Manhattan Eye, Ear & Throat Hospital et al., Respondents.
    Submitted March 22, 2004;
    decided March 25, 2004
   Motion by Eliot Spitzer, Attorney General of the State 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.  