Opinion
Motion No: M-6700
03-19-2019
Defendants-appellants 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 November 27, 2018 (Appeal No. 7026N), 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. The motion, to the extent it 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 the Supreme Court, as affirmed by 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: March 19, 2019
_____________________ CLERK
Present - Hon. David Friedman, Justice Presiding, Sallie Manzanet-Daniels Peter Tom Angela M. Mazzarelli Anil C. Singh, Justices
M-6700
Index No. 306267/14