Mamidou Barry as Administrator of v Christopher C. Lee M.D. and Bronx

Motion No: M-963

Slip Opinion No: 2020 NYSlipOp 65296(U)

Decided on April 2, 2020

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 2, 2020

Mamidou Barry, as Administrator of

the Estate of Mariama Bah,

Plaintiff-Appellant,

v

Christopher C. Lee, M.D. and Bronx-

Lebanon Hospital Center,

Defendants-Respondents.

Defendants-Respondents 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 December 26, 2019 (Appeal No. 10357), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that that branch of the motion seeking reargument is denied. That branch of 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 this Court, which reversed the judgment of the Supreme Court, Bronx County, entered April 16, 2019 dismissing the complaint, and denied defendants' motion for summary judgment and reinstated the complaint, 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 2, 2020

_____________________ CLERK

Present - Hon. Sallie Manzanet-Daniels,Justice Presiding, Barbara R. Kapnick Ellen Gesmer Anil C. Singh, Justices

M-963

Index No. 30461/17E