Frank Valente et al. v Lend Lease Construction LMB Inc. et al

Motion No: M-6172

Slip Opinion No: 2017 NYSlipOp 64741(U)

Decided on February 21, 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.

February 21, 2017

Frank Valente, et al.,

Plaintiffs-Respondents,

v

Lend Lease (US) Construction LMB,

Inc., et al.,

Defendants-Appellants,

Lend Lease Project Management &

Construction, et al.,

Defendants.

Defendants-appellants having moved for leave to appeal to the Court of Appeals from the decision and order of this Court entered on October 25, 2016 (Appeal No. 2051), 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 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 and judgment (one paper) of the Supreme Court, as affirmed 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: February 21, 2017 _______________________ CLERK

PRESENT - Hon. Rolando T. Acosta, Justice Presiding, Dianne T. Renwick David B. Saxe Paul G. Feinman Marcy L. Kahn, Justices

M-6172

Index No. 158634/13