| Gammons v City of New York |
| Motion No: 2011-04823 |
| Slip Opinion No: 2013 NY Slip Op 90950(U) |
| Decided on November 12, 2013 |
| 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
M165107
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2011-04823
Allison Gammons, respondent-appellant, v City of New York, et al., appellants-respondents. (Index No. 1901/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b) from so much of an opinion and order of this Court dated July 17, 2013, as affirmed so much of an order of the Supreme Court, Kings County, dated February 25, 2011, as denied that branch of their motion which was for summary judgment dismissing the cause of action to recover damages based upon a violation of General Municipal Law § 205-e.
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 so much of the opinion and order of this Court dated July 17, 2013, as affirmed so much of the order of the Supreme Court, Kings County, dated February 25, 2011, as denied that branch of the appellants-respondents' motion which was for summary judgment dismissing the cause of action to recover damages based upon a violation of General Municipal Law § 205-e properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
SKELOS, J.P., LEVENTHAL, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court