Opinion
Motion No. 3094 Motion No. 3332
12-29-2020
In re Aurora Associates LLC, Petitioner-Appellant-Respondent, v. Raffaello Locatelli, Respondent-Respondent-Appellant, Cleantech Strategies LLC, et al, Respondents.
Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Cynthia S. Kern Jeffrey K. Oing, Justices. Index No. 570235/17
Case No. 2019-20984
Respondent-respondent-appellant having moved for reargument of the decision and order of this Court, entered on June 11, 2020 (Appeal No. 10985), (M-3094),
And petitioner-appellant-respondent having cross-moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals from the aforementioned decision and order of this Court, entered on June 11, 2020 (Appeal No. 10985), (M-3332),
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 (M-3094) and the branch of the cross motion (M-3332) seeking reargument of the decision and order of this Court, entered on June 11, 2020 (Appeal No. 10985), are denied, and
It is further ordered that the branch of the cross motion (M-3332) seeking leave to appeal to the Court of Appeals from the decision and order of this Court, entered on June 11, 2020 (Appeal No. 10985), 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 affirmed the order of the Appellate Term, First Department, entered on or about December 6, 2017, 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 29, 2020
/s/
Susanna Molina Rojas
Clerk of the Court