Castillo v 711 Group, Inc.
Motion No: 2006-04141
Slip Opinion No: 2007 NYSlipOp 78436(U)
Decided on September 19, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M60090

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2006-04141

Wilfredo Alexis Castillo, plaintiff-respondent,

v 711 Group, Inc., etc., defendant third-party

plaintiff-respondent; 3-D Laboratory, Inc.,

third-party defendant-appellant.

(Index No. 34364/03)

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 an opinion and order of this court dated April 17, 2007, which, inter alia, affirmed an order of the Supreme Court, Kings County, dated March 1, 2006.

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 opinion and order of this court dated April 17, 2007, properly made?

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

CRANE, J.P., GOLDSTEIN, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court