Opinion
2011-01014 Index No. 21913/08 M156498
05-16-2013
Brad Jacobs, respondent-appellant, v. Northwestern Mutual Life Insurance Company, appellant-respondent.
, P.J.
PETER B. SKELOS
RUTH C. BALKIN
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant-respondent for leave to reargue an appeal and a cross appeal from an order of the Supreme Court, Nassau County, dated December 23, 2010, which were determined by opinion and order of this Court dated December 19, 2012, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and order of this Court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to reargue is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is granted, and the following question is certified to the Court of Appeals: Was the opinion and order of this Court dated December 19, 2012, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
ENG, P.J., SKELOS, BALKIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court