Midori Shimamoto v S&F Warehouses, Inc.

Midori Shimamoto v S&F Warehouses, Inc.

Motion No: 292 SSD 23

Slip Opinion No: 2006 NYSlipOp 63857

Decided on March 28, 2006

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

Midori Shimamoto, &c., et al., Respondents, v. S&F Warehouses, Inc., et al., Defendants, Simon, Meyrowitz, Meyrowitz & Schlussel, Appellant. (And a Third-Party Action.)

Appeal dismissed without costs, by the Court sua sponte, upon the ground that the State Constitution (art VI, § 3[b][3], [4]) and the CPLR (CPLR 5601[c]; 5602[b][1]) do not authorize a grant of leave to defendant on a certified question in these circumstances (see Maynard v Greenberg, 82 NY2d 913 [1994]).