Jun Chi Guan v Tuscan Dairy Farms, d/b/a Dellwood Dairi
Motion No: 2004-09712
Slip Opinion No: 2006 NYSlipOp 68433(U)
Decided on May 9, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M39434

T/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-09712

Jun Chi Guan, etc., et al., plaintiffs, Shao

Zhen Kwan, respondent, v Tuscan Dairy Farms,

d/b/a Dellwood Dairies, et al., appellants, et al.,

defendants.

(Index No. 25873/98)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to the Court of Appeals pursuant to CPLR 5602(a)(1) from a decision and order of this court dated December 27, 2005, which determined an appeal from an order of the Supreme Court, Kings County, dated September 16, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition 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 December 27, 2005, properly made?

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

PRUDENTI, P.J., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court