Vela v. Tower Ins. Co. of New York

Full title: Ofelia Vela, respondent, v. Tower Insurance Company of New York, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Sep 29, 2011

2011 N.Y. Slip Op. 85357 (N.Y. App. Div. 2011)

Opinion

Motion No: 2010-00503 Index No. 10193-07M126706

09-29-2011

Ofelia Vela, respondent, v. Tower Insurance Company of New York, appellant.

PETER B. SKELOS

, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

DECISION & ORDER ON MOTION

Motion by Ofelia Vela for leave to appeal to the Court of Appeals pursuant to CPLR 5602(a)(1) from a decision and order of this Court dated April 26, 2011, which reversed an order of the Supreme Court, Suffolk County, entered December 14, 2009.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated April 26, 2011, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court