| ERIE INSURANCE EXCHANGE V J.M. PEREIRA & SONS, INC., RPC, INC., ALSO KNOWN AS RUBBER POLYMER CORPORATION, RICARDO VEGA |
| Motion No: 206-17 |
| Slip Opinion No: 2017 NY Slip Op 88128(U) |
| Decided on September 29, 2017 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., PERADOTTO CARNI, AND LINDLEY, JJ.
MOTION NO. 206-17
DOCKET NO. CA 16-00324
| ERIE INSURANCE EXCHANGE, PLAINTIFF-APPELLANT, V J.M. PEREIRA &
SONS, INC., RPC, INC., ALSO KNOWN AS RUBBER POLYMER CORPORATION, RICARDO VEGA AND ROBERT MARCHESE, AS ADMINISTRATOR OF THE ESTATES
OF ANTONIO TAPIA, DECEASED, AND GILBERTO VEGA-SANCHEZ, DECEASED, DEFENDANTS-RESPONDENTS. |
Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered June 30, 2017,
Now, upon reading and filing the affidavit of Dan D. Kohane, Esq., sworn to August 14, 2017, the notice of motion with proof of service thereof, the affidavit of Matthew J. Schenker, Esq., sworn to August 22, 2017, and the affidavit of Robert D. Hooks, Esq., sworn to August 24, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks reargument is denied, and
It is further ORDERED that the motion insofar as its seeks leave to appeal to the Court of Appeals is granted, this Court being of the opinion that a question of law has arisen that ought to be reviewed by the Court of Appeals, and the following question is hereby certified: Was the order of this Court entered June 30, 2017, properly made?
Entered: September 29, 2017
Mark W. Bennett, Clerk