MOTION NO. 1287 HAHN AUTOMOTIVE WAREHOUSE, INC., V AMERICAN ZURICH INSURANCE COMPANY AND ZURICH AMERICAN INSURANCE
Motion No: CA 10-00545
Slip Opinion No: 2011 NY Slip Op 72443(U)
Decided on April 29, 2011
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.


April 29, 2011

PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND GORSKI, JJ.

DOCKET NO. CA 10-00545

MOTION NO. 1287

HAHN AUTOMOTIVE WAREHOUSE, INC.,

PLAINTIFF-APPELLANT-RESPONDENT,

V

AMERICAN ZURICH INSURANCE COMPANY AND

ZURICH AMERICAN INSURANCE COMPANY,

DEFENDANTS-RESPONDENTS-APPELLANTS.


Defendants having moved for leave to appeal to the Court of Appeals from the order of this Court entered February 10, 2011,

Now, upon reading and filing the affidavit of Michael J. Willett, Esq. sworn to March 14, 2011, the statement of Michael J. Willet, Esq., dated March 14, 2011, the notice of motion with proof of service thereof, and the statement of Michael R. Wolford, Esq. and David C. Pilato, Esq. dated April 5, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion 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 February 10, 2011, properly made?

Entered: April 29, 2011

Patricia L. Morgan, Clerk