James Taylor et al. v 72A Realty Associates L.P. et al.

James Taylor et al. v 72A Realty Associates L.P. et al.
Motion No: M-4472
Slip Opinion No: 2018 NYSlipOp 90758(U)
Decided on December 13, 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.



December 13, 2018

James Taylor, et al.,

Plaintiffs-Respondents,

v

72A Realty Associates, L.P., et al.,

Defendants-Appellants.

Defendant-appellant 72A Realty Associates, L.P. having moved for renewal of, or in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on May 25, 2017 (Appeal No. 2673), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion, to the extent it seeks renewal, is denied. The motion, to the extent it seeks leave to appeal to the Court of Appeals, is 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 modified the order of the 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. ENTERED: December 13, 2018

_____________________ CLERK

Present - Hon. Rosalyn H. Richter,Justice Presiding, Judith J. Gische Peter Tom Ellen Gesmer,Justices

M-4472

Index No. 151560/14