William T. West et al. v B.C.R.E. 90 West Street LLC

Motion No: M-3130

Slip Opinion No: 2018 NYSlipOp 83913(U)

Decided on September 20, 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.

September 20, 2018

William T. West, et al.,

Plaintiffs-Respondents-

Appellants,

v

B.C.R.E. - 90 West Street, LLC, Defendant-Appellant-

Respondent,

Lee Rosen,

Defendant.

Plaintiffs-respondents-appellants having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on May 17, 2018 (Appeal Nos. 6589-6590), 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 amended 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: September 20, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, John W. Sweeny, Jr. Barbara R. Kapnick Marcy L. Kahn,Justices

M-3130

Index No. 157031/15