Francis Nemeth etc. v Brenntag North America etc. et al.

Motion No: M-1920

Slip Opinion No: 2020 NYSlipOp 69871(U)

Decided on August 13, 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.

August 13, 2020

Francis Nemeth, etc.,

Defendant-Respondent-Appellant,

v

Brenntag North America etc., et al., Defendants,

Whittaker, Clark & Daniels, Inc.,

Defendant-Appellant-Respondent.

Defendant-appellant-respondent having moved for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on April 9, 2020 (Appeal No. 9765), 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. Questions of law have arisen which in the opinion of this Court ought to be reviewed (CPLR 5713). ENTERED: AUGUST 13, 2020

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Judith J. Gische Barbara R. Kapnick Anil C. Singh, Justices

M-1920

Index No. 190138/14