Opinion
Motion No: M-6161
02-07-2017
Rosemarie A. Herman, etc., et al., Plaintiff-Respondent, Avon Bard LLC, et al., Plaintiffs, v. Julian Maurice Herman, et al., Defendants-Appellants, Michael Offit, et al., Defendants.
Defendants-appellants having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on November 1, 2016 (Appeal No. 2123N), 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?" This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion.
ENTERED: February 7, 2017
_______________________ CLERK
PRESENT - Hon. Angela M. Mazzarelli, Justice Presiding, David B. Saxe Karla Moskowitz Marcy L. Kahn Ellen Gesmer, Justices
M-6161
Index No. 650205/11