| Salazar v Novalex Contr. Corp. |
| Motion No: M-2691 |
| Slip Opinion No: 2010 NY Slip Op 79687(U) |
| Decided on August 17, 2010 |
| Appellate Division, First 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. |
August 17, 2010
Salazar v Novalex Contracting Corp.
Defendants-respondents having each separately moved
(M-2691/M-2723/M-2904) for leave to appeal to the Court of
Appeals from the decision and order of this Court entered on
April 1, 2010 (Appeal No. 227),
Now, upon reading and filing the papers with respect to
the motion, and due deliberation having been had thereon,
It is ordered that the motions (M-2691/M-2723/M-2904)
are 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 order of Supreme Court, properly made?"
This Court further certifies that its determination was
made as a matter of law and not in the exercise of discretion.
Before: Mazzarelli, J.P., Friedman, Moskowitz, Acosta, JJ.
Motion Nos. M-2691, M-2723, M-2904