Capital Telephone Co. v. Pattersonville Telephone Co.

Full title: CAPITAL TELEPHONE COMPANY, INC., et al., Appellants, v. PATTERSONVILLE…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Aug 10, 1981

83 A.D.2d 912 (N.Y. App. Div. 1981)

Opinion

August 10, 1981

Motion for reargument denied, without costs. Motion for permission to appeal to the Court of Appeals granted, without costs. No issue of fact was considered by this court. Pursuant to CPLR 5713, this court 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, in part, granted defendants' motion to dismiss, correct as a matter of law?" Main, J.P., Casey, Mikoll, Yesawich, Jr., and Weiss, JJ., concur.