Opinion
Motion No: M-824
04-11-2017
Niurka Andino, Plaintiff-Respondent, v. Ronald Mills, et al., Defendants-Appellants. City of New York, and New York State Trial Lawyers Association, Amici Curiae. [And a third-party action]
Defendants-appellants having made this second motion for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on January 5, 2016 (Appeal No. 16464) [M-683], And plaintiff-respondent having cross-moved for the aforesaid relief [M-824], Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,It is ordered that the motion and cross motion are 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 modified the order of 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. In addition, plaintiff-respondent presents a final order for review, having stipulated to a reduced award for future pain and suffering by amended judgment entered on January 12, 2017, in Supreme Court, Bronx County, (see, Trezza v Metropolitan tr. Auth., 23 NY3d 1011 [2014]).
ENTERED: April 11, 2017
_____________________ CLERK
Present - Hon. Peter Tom,Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Barbara R. Kapnick,Justices
M-824
M-683
Index No. 26798/04