Wayne Schnapp v Miller's Launch Inc.

Motion No: M-2741

Slip Opinion No: 2017 NYSlipOp 84108(U)

Decided on August 29, 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.

August 29, 2017

Wayne Schnapp,

Plaintiff-Appellant,

v

Miller's Launch, Inc.,

Defendant-Respondent.

Defendant-respondent 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 March 23, 2017 (Appeal No. 2656), 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. 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 Supreme Court, as reversed by the this 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: August 29, 2017

_____________________ DEPUTY CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Angela M. Mazzarelli Richard T. Andrias Troy K. Webber, Justices

M-2741

Index No. 115059/08