Court of Appeals for the Second Circuit November 21, 2002, No. 01-9324 (Kivitz v. Phoenix General & Health Services, Inc.)

*349Summary Order

UPON DUE CONSIDERATION of this appeal from the United States District Court for the Eastern District of New York (Spatt, Arthur D.J.), it is hereby

ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is AFFIRMED IN PART, VACATED IN PART, AND REMANDED.