Anthony Farrugia v 1440 Broadway Associates et al..X

Motion No: M-3540

Slip Opinion No: 2018 NYSlipOp 85069(U)

Decided on October 2, 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.

October 2, 2018

Anthony Farrugia,

Plaintiff-Respondent,

v

1440 Broadway Associates, et al., Defendants-Respondents-Appellants.

Harbour Mechanical Corp., Third-Party Plaintiff-Appellant, Third-Party v Index No. 590634/13

The Martin Group, LLC, et al., Defendants.

---------------------------------------X Third-party plaintiff-appellant having moved for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on July 12, 2018 (Appeal No. 4901), and for a stay of trial pursuant to CPLR 5519(c) pending determination of the appeal by the Court of Appeals, in the event leave is granted, 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 in its entirety, 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 affirmed 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: October 2, 2018

_____________________ CLERK

PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische Cynthia S. Kern Anil C. Singh, Justices

M-3540

Index No. 151857/12