| GRIFFITH OIL COMPANY, INC., BIG FLATS REALTY, INC., AND E. PHILLIP SAUNDERS, AS TRUSTEE V NATIONAL UNION FIRE INSURANCE |
| Motion No: 996-09 |
| Slip Opinion No: 2010 NY Slip Op 67207(U) |
| Decided on March 19, 2010 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., PERADOTTO, GREEN, AND GORSKI, JJ.
MOTION NO. 996-09
DOCKET NO. CA 08-02656
| GRIFFITH OIL COMPANY, INC., BIG FLATS REALTY, INC., AND E. PHILLIP
SAUNDERS, AS TRUSTEE, PLAINTIFFS-APPELLANTS, V NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.,
DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. (APPEAL NO. 2.) |
Respondent having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered December 30, 2009,
Now, upon reading and filing the affirmation of Matthew S. Lerner dated January 29, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Alan J. Knauf dated February 5, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks reargument is denied.
It is further ORDERED that the motion insofar as its seeks leave to appeal to the Court of Appeals is granted, this Court being of the opinion that a question of law has arisen that ought to be reviewed by the Court of Appeals, and the following question is hereby certified: Was the order of this Court entered December 30, 2010 properly made?
Entered: March 19, 2010
Patricia L. Morgan, Clerk