Opinion
Motion No. 2024-04017 Index No. 27729/19ECase No. 2022-05477
11-07-2024
Dominick Dibrino, et al., Plaintiffs-Respondents, v. Rockefeller Center North, Inc., et al., Defendants-Respondents, Turner Construction Company, Defendant, DAL Electrical Corporation, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Cynthia S. Kern, Justice Presiding, Jeffrey K. Oing Peter H. Moulton Ellen Gesmer Manuel J. Mendez, Justices.
Defendants-respondents Rockefeller Center North, Inc., and JRM Construction Management LLC having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on July 02, 2024 (Appeal No. 1299), 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 this Court, which modified the order of the Supreme Court, properly made?
This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion.