Opinion
Motion No: M-1009
06-04-2019
In re Part 60 Put-Back Litigation Deutsche Bank National Trust Company, etc., Plaintiff-Appellant, v. Morgan Stanley Mortgage Capital Holdings LLC, etc., et al., Defendants-Respondents.
Defendants-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 January 17, 2019 (Appeal No. 2118), 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. The motion, to the extent it 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: June 4, 2019
_____________________ CLERK
Present - Hon. Judith J. Gische,Justice Presiding, Angela M. Mazzarelli Marcy L. Kahn Ellen Gesmer,Justices
M-1009
Index No. 652877/14