| G.K. Alan Assoc., Inc. v Lazzari |
| Motion No: 2005-07646 |
| Slip Opinion No: 2007 NYSlipOp 81524(U) |
| Decided on October 22, 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
M61374
E/sl
STEPHEN G. CRANE, J.P.
ROBERT A. SPOLZINO
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
|
2005-07646, 2005-11197, 2006-00730 G.K. Alan Assoc., Inc., plaintiff/counterclaim defendant-appellant, v Derval Lazzari, defendant/ counterclaim plaintiff-respondent; Acme American Repairs, Inc., counterclaim plaintiff-respondent, Harvey Katzenberg, counterclaim defendant-appellant. (Index No. 13456/03)
| DECISION & ORDER ON MOTION |
Motion by Derval Lazzari for leave to reargue appeals from two orders of the Supreme Court, Nassau County, both dated June 21, 2005, and an order of the same court entered December 19, 2005, which were determined by opinion and order of this Court dated July 10, 2007, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion 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, and the following question is certified to the Court of Appeals: Was the opinion and order of this Court dated July 10, 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., SPOLZINO, KRAUSMAN and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court