Opinion
Motion No: M-869
05-30-2017
In re New York City Asbestos Litigation Phyllis Brown, as Administratrix of the Estate of Harry E. Brown, etc., Plaintiff-Appellant, v. Bell & Gossett Company, Defendant, Consolidated Edison of New York, Inc., Defendant-Respondent.
Defendant-respondent, Consolidated Edison of New York, Inc., 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 10, 2017 (Appeal Nos. 205 and 206), 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: May 30, 2017
_____________________ CLERK
Present: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Barbara R. Kapnick, Justices
M-869
Index No. 190415/12