830 N.E.2d 319, 797 N.Y.S.2d 416 FARRELL v. BLUE CIRCLE CEMENT, INC. Court of Appeals of the State of New York. Decided April 5, 2005. Appeal from 4th Dept: 13 AD3d 1178. Motion for leave to appeal denied. Tagged: 797 N.Y.S.2d 416830 N.E.2d 319