708 N.E.2d 178, 676 N.Y.S.2d 62

In the Matter of EXPRESS INDUSTRIES AND TERMINAL CORP., Respondent, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION, et al., Appellants, MIER COHEN et al., Respondents.

Court of Appeals of the State of New York.
Decided January 19, 1999

Motion for leave to appeal granted.

Judge Levine took no part.