John Kuzmich et al. v 50 Murray Street Acquisistion LLC .

Motion No: M-889

Slip Opinion No: 2018 NYSlipOp 70349(U)

Decided on April 24, 2018

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.

April 24, 2018

John Kuzmich, et al.,

Plaintiffs-Respondents,

v

50 Murray Street Acquisistion LLC,

Defendant-Appellant.

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The Real Estate Board of New York

and The Public Advocate for the City

of New York,

Amici Curiae.

Plaintiffs-respondents having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on January 18, 2018 (Appeal No. 5479), 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 for 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 the Supreme Court, as reversed by 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: April 24, 2018

_____________________ CLERK

Present: Hon. Rolando T. Acosta, Presiding Justice, John W. Sweeny, Jr. Judith J. Gische Richard T. Andrias, Justices

M-889

Index No. 155266/16