Narrative Opinion Summary
Permission to appeal to the Court of Appeals has been granted without costs. The court did not consider any issues of fact. Under CPLR 5713, it certifies a question of law for review: whether Special Term erred in denying the defendant's motion for summary judgment. Judges Mahoney, P.J., Sweeney, Casey, and Yesawich, Jr., concur in this decision.
Legal Issues Addressed
Certification of Question of Law under CPLR 5713subscribe to see similar legal issues
Application: The court certifies a question of law for review regarding the denial of a motion for summary judgment by the Special Term.
Reasoning: Under CPLR 5713, it certifies a question of law for review: whether Special Term erred in denying the defendant's motion for summary judgment.
Concurrence of Judges in Decisionsubscribe to see similar legal issues
Application: Judges Mahoney, P.J., Sweeney, Casey, and Yesawich, Jr. unanimously concur in the decision to certify the question of law.
Reasoning: Judges Mahoney, P.J., Sweeney, Casey, and Yesawich, Jr., concur in this decision.
Grant of Permission to Appeal Without Costssubscribe to see similar legal issues
Application: The Court of Appeals granted permission to appeal without imposing any costs on the parties involved.
Reasoning: Permission to appeal to the Court of Appeals has been granted without costs.