Opinion
Motion Nos. 2023-00141 2023-00266 Index No. 652050/15 Case No. 2022-01117
03-16-2023
Audthan LLC, Plaintiff-Appellant-Respondent, v. Nick & Duke, LLC, Defendant-Respondent-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Cynthia S. Kern, Ellen Gesmer Julio Rodriguez III Bahaati E. Pitt-Burke, Justice Presiding, Justices.
Plaintiff-appellant-respondent having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on December 06, 2022 (Appeal No. 16391) (Motion No. 2023-00141), And defendant-respondent-appellant having cross moved for leave to appeal the aforesaid decision to the Court of Appeals (Motion No. 2023-00266), 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 (Motion No. 2023-00141) and cross motion (Motion No. 2023-00266) 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 affirmed 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.