Majority
p. 713Stephen M. Rose, Appellant, v Metro North Commuter Railroad et al., Respondents. Submitted May 1, 1989; decided June 15, 1989
Motion for reargument denied. Movant failed to comply with section 500.11 (d) (1) (iv) of the Rules of the Court of Appeals (22 NYCRR 500.11 [d] [1] [iv]) when movant previously sought leave to appeal. [See, 73 NY2d 994 .]