Jessica Torres v Irene G. Cergnul M.D. et al.

Motion No: M-1054

Slip Opinion No: 2017 NYSlipOp 76001(U)

Decided on June 6, 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.

June 6, 2017

Jessica Torres,

Plaintiff-Appellant,

v

Irene G. Cergnul, M.D., et al.,

Defendants-Respondents,

New York City Health and Hospitals

Corporation, et al.,

Defendants.

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 January 12, 2017 (Appeal No. 2064), 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: June 6, 2017

_____________________ CLERK

Present: Hon. David Friedman, Justice Presiding, Richard T. Andrias Karla Moskowitz Judith J. Gische Ellen Gesmer, Justices

M-1054

Index No. 24566/06