In re New York City Asbestos Litigation v Bell & Gossett Company

Motion No: M-869

Slip Opinion No: 2017 NYSlipOp 75189(U)

Decided on May 30, 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.

May 30, 2017

In re New York City Asbestos Litigation

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Phyllis Brown, as Administratrix of

the Estate of Harry E. Brown, etc., Plaintiff-Appellant,

v

Bell & Gossett Company,

Defendant,

Consolidated Edison of New York, Inc.,

Defendant-Respondent.

Defendant-respondent, Consolidated Edison of New York, Inc., 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 January 10, 2017 (Appeal Nos. 205 and 206), 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 reversed the order of the 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: May 30, 2017

_____________________ CLERK

Present: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Barbara R. Kapnick, Justices

M-869

Index No. 190415/12