| SPOLETA CONSTRUCTION, LLC V ASPEN INSURANCE UK LIMITED, C/O ASPEN SPECIALTY INSURANCE MANAGEMENT COMPANY 1255 PORTLAND |
| Motion No: 352-14 |
| Slip Opinion No: 2014 NY Slip Op 91062(U) |
| Decided on November 14, 2014 |
| 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, CARNI, LINDLEY, AND VALENTINO, JJ.
MOTION NO. 352-14
DOCKET NO. CA 13-01387
| SPOLETA CONSTRUCTION, LLC, PLAINTIFF-APPELLANT, V
ASPEN INSURANCE UK LIMITED, C/O ASPEN SPECIALTY INSURANCE MANAGEMENT COMPANY, DEFENDANT-RESPONDENT, 1255 PORTLAND,
LLC, HUB-LANGIE PAVING, INC., AND SHANE VANDERWALL, DEFENDANTS. |
Respondent having moved for reargument of or leave to appeal to the Court of Appeals from the order of this Court entered July 11, 2014,
Now, upon reading and filing the affirmations of Stephanie A. Nashban, Esq., dated August 20, 2014, and September 24, 2014, the notice of motion with proof of service thereof, the statement of Janet P. Ford, Esq., dated September 12, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks reargument is denied, and
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 July 11, 2014, properly made?
Entered: November 14, 2014
Frances E. Cafarell, Clerk