| Arons v Jutkowitz |
| Motion No: 2005-06762 |
| Slip Opinion No: 2007 NYSlipOp 64723(U) |
| Decided on March 8, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M51831
E/sl
A. GAIL PRUDENTI, P.J.
REINALDO E. RIVERA
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-06762 Manuel Arons, etc., appellant-respondent, v Robert Jutkowitz, et al., respondents-appellants, et al., defendant. (Index No. 13810/98)
| DECISION & ORDER ON MOTION |
Separate motions by the respondents-appellants for leave to reargue an appeal from an order of the Supreme Court, Richmond County, dated July 6, 2005, which was determined by opinion and order of this court dated December 5, 2006, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and order of this court.
Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branches of the motions which are for leave to reargue are denied; and it is further,
ORDERED that the branches of the motions which are for leave to appeal to the Court of Appeals are granted, and the following question is certified to the Court of Appeals: Was the opinion and order of this court dated December 5, 2006, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
PRUDENTI, P.J., RIVERA, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court