Summer Zervos v Donald J. Trump

Summer Zervos v Donald J. Trump
Motion No: M-8288
Slip Opinion No: 2020 NYSlipOp 60193(U)
Decided on January 7, 2020
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.



January 7, 2020

Summer Zervos,

Plaintiff-Respondent,

v

Donald J. Trump,

Defendant-Appellant.

Defendant-appellant having moved for reargument of or, in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on March 14, 2019 (Appeal No. 7610), and, if leave to appeal to the Court of Appeals is granted, for a stay of proceedings in the Supreme Court, New York County, pending hearing and determination of the appeal by the Court of Appeals, 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 reargument, 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 Supreme Court, as affirmed by the this Court, properly made?" This Court further certifies that its determination was made as a matter of law and not in the exercise of discretion, and it is further, Ordered that the motion, to the extent is seeks a stay of proceedings pending hearing and determination of the appeal by the Court of Appeals, is granted.ENTERED: January 7, 2020

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Angela M. Mazzarelli Troy K. Webber Cynthia S. Kern,Justices

M-8288

Index No. 150522/17