Theresa Maddicks et al. v Big City Properties LLC et al. |
Motion No: M-4558 |
Slip Opinion No: 2018 NYSlipOp 85328(U) |
Decided on September 27, 2018 |
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. |
September 27, 2018
Theresa Maddicks, et al.
Plaintiffs-Appellants,
v
Big City Properties, LLC, et al.,
Defendants,
Big City Realty Management, LLC, et al.,
Defendants-Respondents.
Defendants-respondents having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on July 26, 2018 (Appeal No. 6315) [M-4393], And The Rent Stabilization Association of New York City, Inc., and the Community Housing Improvement Program, Inc., having moved for leave to file a brief amici curiae in support of defendant-respondent's motion [M-4558], Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,It is ordered that The Rent Stabilization Association of New York City, Inc.'s and the Community Housing Improvement Program, Inc.'s motion [M-4558], is granted to the extent of deeming the amici curiae brief submitted with the moving papers as filed, the arguments therein having been considered by this Court, It is further ordered that defendants-respondents' motion for leave to appeal to the Court of Appeals is granted [M-4393], 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 modified the order
of the Supreme Court to the extent of reinstating certain claims properly made? This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion.ENTERED: September 27, 2018
_____________________ CLERK
Present - Hon. David Friedman,Justice Presiding, Rosalyn H. Richter Richard T. Andrias Barbara R. Kapnick Troy K. Webber,Justices
M-4558
M-4393
Index No. 656345/16