Cortlandt Street Recovery Corp. v Hellas Telecommunications S.….r.l. et al. 653357/11

Cortlandt Street Recovery Corp. v Hellas Telecommunications S.….r.l. et al. 653357/11
Motion No: M-5230
Slip Opinion No: 2017 NYSlipOp 62771(U)
Decided on January 10, 2017
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.



January 10, 2017

Cortlandt Street Recovery Corp.,

et al.,

Plaintiffs-Appellants,

v

Hellas Telecommunications, S.À.r.l., et al., 653357/11

Defendants-Respondents, 653363/11

653181/11

Hellas Telecommunications Finances,

etc., et al.,

Defendants.

- - - - - - - - - - - - - - -

Cortlandt Street Recovery Corp.,

et al.,

Plaintiffs-Appellants,

v

David Bonderman, et al.,

Defendants-Respondents,

Hellas Telecommunications, II

etc., et al.

Defendants.

- - - - - - - - - - - - - - -

[And Another Action]

- - - - - - - - - - - - - - -

Cortlandt Street Recovery Corp.,

Plaintiff-Appellant,

v

Hellas Telecommunications, II

etc., et al.

Defendants,

Hellas Telecommunications, S.À.r.l.,

et al.,

Defendants-Respondents.

Certain defendants-respondents having moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court entered

on September 15, 2016 (Appeal Nos. 989, 990, 991, 992), 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, to the extent it seeks reargument, is denied. So much of the motion which seeks 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 this Court, which unanimously modified the order of Supreme 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: January 10, 2017.

_____________________ CLERK

Present: Hon. Peter Tom, Justice Presiding, David Friedman Rosalyn H. Richter Angela M. Mazzarelli Marcy L. Kahn, Justices

M-5230

Index Nos. 651693/10