This memorandum is uncorrected and subject to revision before publication in the New York Reports.

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2 No. 44

Saramilia Gaston, &c., et al., Respondents, v. American Transit Insurance Company, Appellant.

Marjorie E. Bornes, for appellant.

William D. Fireman, for respondents.

Appeal pending, awaiting substitution for deceased party.

Decided July 1, 2008