Opinion
Motion No: M-3294
09-26-2019
Curby Toussaint, Plaintiff-Respondent-Appellant, v. The Port Authority of New York and New Jersey, Defendant-Appellant, -and- Granite Construction Northeast, Inc., Defendant-Respondent, Skanska USA Civil Northeast, Inc., Skanska USA Building, Inc., and Skanska Koch, Inc., Defendants.
Defendant-Appellant, The Port Authority of New York and New Jersey, 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 May 30, 2019 (Appeal No. 8206), And plaintiff-respondent-appellant having submitted an affirmation in partial opposition to the motion, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that that branch of the motion seeking reargument is denied. That branch of the motion seeking 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 modified, the order of the Supreme Court, to grant plaintiff summary judgment as to liability on the Labor Law § 241(6) claim insofar as it is predicated on 12 NYCRR 23-9.9(a) as against defendant Port Authority of New York and New Jersey, properly made? This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion.
ENTERED: September 26, 2019
__________ CLERK
Present - Hon. John W. Sweeny, Jr., Justice Presiding, Peter Tom Troy K. Webber Marcy L. Kahn Anil C. Singh,Justices
M-3294
Index No. 155016/15