Appellate Division: Second Judicial Department

M211195

E/ct

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2014-05446 Contact Chiropractic, P.C., as assignee of Girtha Butler, respondent, v New York City Transit Authority, appellant. (Index No. 3291/07)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from a decision and order of this Court dated January 20, 2016, which affirmed an order of the Appellate Term of the Supreme Court for the Second, Eleventh, and Thirteenth Judicial Districts dated December 3, 2013, which affirmed so much of an order of the Civil Court of the City of New York, Queens County, dated July 27, 2011, as, upon renewal, adhered to the original determination in an order of the same court dated December 4, 2007.

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 the decision and order of this Court dated January 20, 2016, which determined that an action to recover first-party no-fault benefits from a party which is self-insured is subject to a six-year statute of limitations, 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., DICKERSON, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court