Morgan Stanley Mortgage Loan Trust v Morgan Stanley Mortgage Capital Holdings LLC etc.

Motion No: M-4532

Slip Opinion No: 2016 NYSlipOp 96020(U)

Decided on December 13, 2016

Appellate Division, First 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.

December 13, 2016

Morgan Stanley Mortgage Loan Trust

2006-13ARX, etc.,

Plaintiff-Appellant,

v

Morgan Stanley Mortgage Capital

Holdings LLC, etc.,

Defendant-Respondent.

Defendant-respondent having moved for reargument of, or in the alternative, leave to appeal to the Court of Appeals from the decision and order of this Court entered on August 11, 2016 (Appeal No. 154), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion for reargument is denied. That part of the motion seeking leave to appeal to the Court of Appeals is granted, and this Court, pursuant to CPLR 5713, certifies that the following question of law, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals:

"Was the order of Supreme Court, as reversed by this Court, properly made?" This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion. ENTERED: December 13, 2016 _______________________ CLERK

PRESENT - Hon. Angela M. Mazzarelli, Justice Presiding, Karla Moskowitz Rosalyn H. Richter Judith J. Gische,Justices

M-4532

Index No. 653429/12