Appellate Division: Second Judicial Department

M58738

E/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ANITA R. FLORIO

STEVEN W. FISHER, JJ.

2005-02139 Stephen J. Brooks, et al., appellants-respondents, v Judlau Contracting, Inc., defendant third- party plaintiff-respondent-appellant; Thunderbird Constructors, Inc., third-party defendant-respondent. (Index No. 30239/99)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-respondent-appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated December 10, 2004, which was determined by decision and order of this court dated April 3, 2007, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the branch of the motion which is for leave to reargue is denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is granted to the extent that the following question is certified to the Court of Appeals: Was so much of the decision and order of this court dated April 3, 2007, properly made insofar as it affirmed so much of the judgment dated December 10, 2004, that, in effect, is in favor of the third-party defendant-respondent and against the defendant third-party plaintiff-respondent-appellant dismissing the third-party claim for contractual indemnification; and that branch of the motion is otherwise denied.

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

CRANE, J.P., RITTER, FLORIO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court