Opinion
Motion No: M-1710
05-30-2017
In re New York City Asbestos Litigation Mary Juni, etc., Plaintiff-Appellant, v. A.O. Smith Water Products Co., et al., Defendants, Ford Motor Company, Defendant-Respondent.
The Coalition for Litigation Justice, Inc., the Chamber of Commerce of the United States of America, the Business Council of New York State and the National Association of Manufacturers, Amici Curiae.
Plaintiff-appellant, Mary Juni, etc., having moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on February 28, 2017 (Appeal Nos. 2457, 2458), 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, to the extent it seeks reargument, is denied. So much of the motion which seeks 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 affirmed by the 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: May 30, 2017
_____________________ CLERK
Present: Hon. Peter Tom, Justice Presiding, Dianne T. Renwick Paul G. Feinman Marcy L. Kahn, Justices
M-1710
Index No. 190315/12