Opinion
Motion No: M-1039
04-06-2017
Jeanetta Stega, etc., Plaintiff-Respondent, Wesley Tzall, M.D., Plaintiff, v. New York Downtown Hospital, et al., Defendants-Appellants, Jeffrey Menkes, etc., et al., Defendants.
Plaintiff-respondent having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on January 10, 2017 (Appeal No. 478), 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 this Court, which reversed the order of 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: April 6, 2017
_____________________ CLERK
PRESENT: Hon. Peter Tom,Justice Presiding, Richard T. Andrias Karla Moskowitz Barbara R. Kapnick,Justices
M-1039
Index No. 152716/13