Opinion
Motion No: M-1419
07-18-2017
Robert Gerrish, Plaintiff-Appellant, v. 56 Leonard LLC, et al., Defendants-Respondents, Collavino Structures, LLC, Defendant.
Defendants-respondents having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on February 16, 2017 (Appeal No. 1590), 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 reversed the order of 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.
ENTERED: July 18, 2017
_____________________ CLERK
Present - Hon. Rolando T. Acosta, Presiding Justice, John W. Sweeny, Jr. Barbara R. Kapnick Troy K. Webber, Justices
M-1419
Index No. 159408/13