Robert Gerrish v 56 Leonard LLC et al.

Motion No: M-1419

Slip Opinion No: 2017 NYSlipOp 80133(U)

Decided on July 18, 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.

July 18, 2017

Robert Gerrish,

Plaintiff-Appellant,

v

56 Leonard LLC, et al.,

Defendants-Respondents,

Collavino Structures, LLC,

Defendant.

Defendants-respondents having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on February 16, 2017 (Appeal No. 1590), 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 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: July 18, 2017

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, John W. Sweeny, Jr. Barbara R. Kapnick Troy K. Webber, Justices

M-1419

Index No. 159408/13