Opinion
Motion No: M-2847
08-06-2019
Michael Cutaia, Plaintiff-Appellant, v. The Board of Managers of the 160/170 Varick Street Condominium, et al., Defendants, The Rector, Church Wardens and Vestrymen of Trinity Church in the City of New York, et al., Defendants-Respondents. Michilli Construction, Inc., et al., Third-Party Plaintiffs-Respondents, A+ Installations Corp., Third-Party Defendant-Respondent. [And other actions.]
Defendants/third-party plaintiffs The Rector, Church Wardens and Vestrymen of Trinity Church in the City of New York, Michilli Construction, Inc. and Michilli Inc., 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 May 2, 2019 (Appeal Nos. 8622-23), and for a stay of all proceedings, including the trial of this action in Supreme Court, pending a decision by the Court of Appeals, if leave should be granted, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that that branch of the motion seeking reargument is denied, and It is further ordered that that branch of the motion seeking 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 this Court, entered May 2, 2019, which, to the extent appealed, reversed an amended order of the Supreme Court, New York County, entered August 9, 2018, properly made? This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion. And it is further ordered that the branch of the motion seeking a stay of further proceedings in Supreme Court, including trial, pending a decision by the Court of Appeals, is granted.
ENTERED: August 6, 2019
__________ DEPUTY CLERK
Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Peter Tom Marcy L. Kahn Ellen Gesmer, Justices
M-2847
Index No. 155334/12