| Andrew Carothers, M.D., P.C. v Progressive Insurance Company |
| Motion No: 2013-10969 |
| Slip Opinion No: 2017 NY Slip Op 90794(U) |
| Decided on October 27, 2017 |
| 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
M239825
E/afa
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2013-10969 Andrew Carothers, M.D., P.C., etc., appellant, v Progressive Insurance Company, respondent. (Index No. 2217/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from an opinion and order of this Court dated April 5, 2017, which determined an appeal from an order of the Appellate Term of the Supreme Court, Second, Eleventh, and Thirteenth Judicial Districts, dated July 5, 2013, which affirmed a judgment of the Civil Court of the City of New York, Richmond County, entered December 7, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was the opinion and order of this Court dated April 5, 2017, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
LEVENTHAL, J.P., MILLER, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court