Schwarz v. New York State Department of Transportation (161 A.D.2d 1211, 1990)

Motion for reargument, or in the alternative, for leave to appeal to the Court of Appeals in appeal No. 1 denied; reargument in appeal No. 2 granted and on reargument, memorandum decision dated February 2, 1990 [158 AD2d 967] amended by striking therefrom the second sentence of the third paragraph. Present—Dillon, P. J., Callahan, Pine and Balio, JJ.