Opinion
Motion No: M-5243
12-22-2016
Gilbane Building Co./TDX Construction Corp., et al., Plaintiffs-Respondents, v. St. Paul Fire and Marine Insurance Company, et al., Defendants, Liberty Insurance Underwriters, Defendant-Appellant.
Greenwich Insurance Company, Amicus Curiae.
Plaintiffs-respondents 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 September 15, 2016 (Appeal No. 884), 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, to the extent it seeks reargument, is denied. So much of the motion which seeks 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, which reversed 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.
ENTERED: December 22, 2016
_____________________ DEPUTY CLERK
Present: Hon. John W. Sweeny, Jr., Justice Presiding, Diane T. Renwick David B. Saxe Judith J. Gische Marcy L. Kahn, Justices
M-5243
Index No. 653199/11