Opinion
Motion No: M-5990
02-28-2019
American International Specialty Lines Insurance Company, Petitioner-Appellant, v. Allied Capital Corporation and Ciena Capital LLC, etc., Respondents-Respondents.
Respondents-respondents having moved for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on October 25, 2018 (Appeal No. 6966), 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 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 this Court, which reversed the Order of the Supreme 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: February 28, 2019
_____________________ CLERK
Present - Hon. Dianne T. Renwick,Justice Presiding, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Cynthia S. Kern, Justices
M-5990
Index No. 656341/16