Guidance Enhanced Green Terrain v

Motion No: M-634

Slip Opinion No: 2017 NYSlipOp 65578(U)

Decided on February 28, 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 28, 2017

Guidance Enhanced Green Terrain,

LLC,

Plaintiff-Appellant,

Bank of America Merrill Lynch

also known as Merrill Lynch, et al., Defendants,

v

Bank of America Credit Products,

Inc.,

Defendant-Respondent.

Defendant-respondent having moved for reargument of, or leave to appeal to the Court of Appeals from the decision and order of this Court entered on January 5, 2017 (Appeal No. 1510), 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, insofar as it seeks reargument, is denied. It is further ordered that the motion, to the extent it 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 reversed 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: February 28, 2017

_____________________ CLERK

PRESENT: Hon. Angela M. Mazzarelli,Justice Presiding, Richard T. Andrias David B. Saxe Judith J. Gische Marcy L. Kahn,Justices

M-634

Index No. 652009/14