"john smith" wrote in message
The replay seems to show the Lear did not level at 5,000.

Steven P. McNicoll wrote:
Was he above 5,000 before visual separation was in use and he was cleared
higher?

The AA was probably watching his TCAS. That's the only way he would have
known what the separation was at 00:18 in the dark!
After the AA made this known on frequency, the Lear driver made the wise
crack about missing by 1000.