Opinion
Motion No: 519429
05-13-2016
JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, Respondent, v. BARBARA A. HILL et al., Appellants, et al., Defendants.
DECISION AND ORDER ON MOTION
Motion for permission to appeal to the Court of Appeals.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion for permission to appeal to the Court of Appeals is granted, without costs. No question of fact was considered by this Court. Pursuant to CPLR 5713, this Court certifies that the following question of law, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals: "Did this Court err, as a matter of law, in modifying, on the law, the order of Supreme Court by reversing so much thereof as granted plaintiff's motion for summary judgment, denying the motion therefor and, as so modified, affirming the order?"
Lahtinen, J.P., Lynch and Devine, JJ., concur.
Garry and Egan Jr., JJ., dissent.
ENTER:
Robert D. Mayberger
Clerk of the Court