This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 38 In the Matter of State Farm Mutual Automobile Insurance Company, Appellant, v. Patrick Fitzgerald, Respondent.

Henry Mascia, for appellant.

Frank Braunstein, for respondent.

* * * * * * * * * * * * * * * * * Reargument ordered and case set down for argument during a future session of this Court. Chief Judge Lippman and Judges Read, Pigott, Abdus-Salaam, Stein and Fahey concur. Judge Rivera took no part.

Decided March 31, 2015