Utica Mutual Insurance Company v Style Management Ass
Motion No: 2013-01069
Slip Opinion No: 2015 NY Slip Op 76175(U)
Decided on June 15, 2015
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M193935

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

JOSEPH J. MALTESE, JJ.

2013-01069

Utica Mutual Insurance Company, etc.,

respondent, v Style Management Associates

Corp., et al., appellants, et al., defendants.

(Index No. 4764/10)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered December 13, 2012, which was determined by decision and order of this Court dated February 11, 2015, or, in the alternative, pursuant to CPLR 5602(b)(1) for leave to appeal to the Court of Appeals from the decision and order of this Court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to reargue is denied; and it is further,

ORDERED that the branch of the motion which is pursuant to CPLR 5602(b)(1) for leave to appeal to the Court of Appeals from the decision and order of this Court dated February 11, 2015, is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated February 11, 2015, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

DILLON, J.P., CHAMBERS, HALL and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court