Opinion
Motion No: M-4532
12-13-2016
Morgan Stanley Mortgage Loan Trust 2006-13ARX, etc., Plaintiff-Appellant, v. Morgan Stanley Mortgage Capital Holdings LLC, etc., Defendant-Respondent.
Defendant-respondent having moved for reargument of, or in the alternative, leave to appeal to the Court of Appeals from the decision and order of this Court entered on August 11, 2016 (Appeal No. 154), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion for reargument is denied. That part of the motion seeking leave to appeal to the Court of Appeals is granted, and this Court, pursuant to CPLR 5713, 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:
"Was the order of Supreme Court, as reversed by this Court, properly made?" This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion.
ENTERED: December 13, 2016
_______________________ CLERK
PRESENT - Hon. Angela M. Mazzarelli, Justice Presiding, Karla Moskowitz Rosalyn H. Richter Judith J. Gische,Justices
M-4532
Index No. 653429/12