| Pesante v Vertical Industrial Development Corp. |
| Motion No: 2015-06321 |
| Slip Opinion No: 2016 NY Slip Op 95202(U) |
| Decided on December 23, 2016 |
| 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
M223474
E/sl
WILLIAM F. MASTRO, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2015-06321 Carmen Pesante, appellant, v Vertical Industrial Development Corp., et al., respondents, et al., defendant (and a third party action). (Index No. 4984/11)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated March 27, 2015, which was determined by decision and order of this Court dated August 24, 2016, or, in the alternative, 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 for leave to appeal to the Court of Appeals is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this court dated August 24, 2016, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
MASTRO, J.P., DICKERSON, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court