Sapp v Clark Wilson, Inc.
Motion No: 2018-14930
Slip Opinion No: 2025 NY Slip Op 79882(U)
Decided on November 3, 2025
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M309071

AFA/

COLLEEN D. DUFFY, J.P.

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI

CHERYL E. CHAMBERS, JJ.

2018-14930, 2018-14969

Dianna Sapp, et al., plaintiffs, Tameake Macklin,

et al., appellants, v Clark Wilson, Inc., et al.,

respondents, et al., defendants.

(Index No. 12230/2015)

DECISION & ORDER ON MOTION

Appeals from an order and judgment (one paper) of the Supreme Court, Kings County, dated November 13, 2018, and an order of the same court dated November 13, 2018, which were determined by decision and order of this Court dated June 29, 2022. Motion by the appellants for leave to reargue the appeals, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to reargue the appeals is denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals from the decision and order of this Court dated June 29, 2022, is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated June 29, 2022, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

DUFFY, J.P., CONNOLLY, IANNACCI and CHAMBERS, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court