SUMMARY ORDER

The judgment of the district court is hereby vacated and the matter remanded to the district court for reconsideration in light of the recent decision of the New York Court of Appeals in Britt v. Legal Aid Soc’y, Inc., 95 N.Y.2d 443, 718 N.Y.S.2d 264, 741 N.E.2d 109 (2000).