849 N.E.2d 971, 816 N.Y.S.2d 748 BROOKS v. ROSS. Court of Appeals of the State of New York. Decided May 4, 2006. Appeal from 2d Dept: 24 AD3d 589. Motion for leave to appeal denied. Tagged: 816 N.Y.S.2d 748849 N.E.2d 971