Opinion
Motion No: M-4745
12-15-2016
Deutsche Bank National Trust Company, solely in its capacity as Trustee for the Harborview Mortgage Loan Trust Series 2007-7, Plaintiff-Appellant, v. Flagstar Capital Markets Corporation, Defendant, -and- Quicken Loans, Inc., Defendant-Respondent.
Plaintiff-appellant having moved for leave to appeal to the Court of Appeals from the decision and order of this Court entered on August 11, 2016 (Appeal No. 1492), 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 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?" (M-4745)-2- December 15, 2016 This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion.
ENTERED: December 15, 2016
_____________________ CLERK
PRESENT - Hon. Rolando T. Acosta, Justice Presiding, Dianne T. Renwick David B. Saxe Rosalyn H. Richter Judith J. Gische, Justices
M-4745
Index No. 653048/13