Benedicta Brito v Rafael Gomez and Don Thomas Buses Inc.

Motion No: M-6700

Slip Opinion No: 2019 NYSlipOp 65583(U)

Decided on March 19, 2019

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.

March 19, 2019

Benedicta Brito,

Plaintiff-Respondent,

v

Rafael Gomez and Don Thomas Buses, Inc.,

Defendants-Appellants.

Defendants-appellants 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 November 27, 2018 (Appeal No. 7026N), 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 the 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: March 19, 2019

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Sallie Manzanet-Daniels Peter Tom Angela M. Mazzarelli Anil C. Singh, Justices

M-6700

Index No. 306267/14