| Rondack Construction Services, Inc. v Kaatsbaan Internati |
| Motion No: 2007-00089 |
| Slip Opinion No: 2009 NYSlipOp 60412(U) |
| Decided on January 9, 2009 |
| 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
M80876
E/sl
ROBERT A. SPOLZINO, J.P.
EDWARD D. CARNI
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2007-00089 Rondack Construction Services, Inc., plaintiff- respondent, v Kaatsbaan International Dance Center, Inc., appellant; TBays, LLC, nonparty-respondent. (Index No. 6260/05)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from a decision and order of this court dated September 23, 2008, which reversed, insofar as appealed from, an order of the Supreme Court, Dutchess County, dated December 11, 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 decision and order of this court dated September 23, 2008, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
SPOLZINO, J.P., CARNI, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court