| Fleming v Graham |
| Motion No: 2005-03636 |
| Slip Opinion No: 2007 NYSlipOp 64151(U) |
| Decided on March 1, 2007 |
| 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. |
Appellate Division: Second Judicial Department
M51468
E/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2005-03636 Cedric Fleming, et al., plaintiffs, v Thomas Graham, et al., defendants third-party plaintiffs- respondents; Pinstripes Garment Services, LLC, third-party defendant-appellant. (Index No. 45928/99)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-appellant for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from a decision and order of this court dated November 14, 2006, which affirmed an order of the Supreme Court, Kings County, dated March 10, 2005.
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 November 14, 2006, 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., SCHMIDT, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court