Skanska USA Building Inc. v Atlantic Yards B2 Owner LLC et al. ABC Companies LLC et al.

Motion No: M-6232

Slip Opinion No: 2017 NYSlipOp 66053(U)

Decided on March 2, 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.

March 2, 2017

Skanska USA Building Inc.,

Plaintiff-Appellant-Respondent,

v

Atlantic Yards B2 Owner, LLC, et al., Defendants-Respondents-Appellants, ABC Companies, LLC, et al.,

Defendants.

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

Associated General Contractors of NYS, LLC,

Amicus Curiae.

Plaintiff-appellant-respondent having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on October 20, 2016 (Appeal Nos. 1352-1353) [M-6042], And, Associated General Contractors of NYS, LLC, having moved to file a brief amicus curiae in support of said motion [M-6232], Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motion to appeal to the Court of Appeals [M-6042] 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 modified

the order of the Supreme Court, on the law, to the extent of denying defendants motion to dismiss a certain subpart of the first cause of action and granting their motion to dismiss the third cause of action properly made?" This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion. It is further ordered that the motion by Associated General Contractors of NYS, LLC for leave to file an amicus curiae brief is granted to the extent of permitting movant to file 8 copies of the brief as amicus curiae forthwith [M-6232]. ENTERED: March 2, 2017

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Justice Presiding, Judith J. Gische Troy K. Webber Marcy L. Kahn, Justices

M-6232

M-6042

Index No. 652680/14