U.S. Bank National Association etc. v DLJ Mortgage Capital Inc. |
Motion No: M-8017 |
Slip Opinion No: 2020 NYSlipOp 61759(U) |
Decided on January 30, 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 30, 2020
U.S. Bank National Association, etc.,
Plaintiff-Respondent,
v
DLJ Mortgage Capital, Inc.,
Defendant-Appellant.
Defendant-appellant having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on October 10 2019 (Appeal No. 10036), 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 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. ENTERED: JANUARY 30, 2020
_____________________ CLERK
PRESENT: Hon. Sallie Manzanet-Daniels,Justice Presiding, Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices
M-8017
Index No. 650369/13