Barber v. Dembroski

Appellate Division of the Supreme Court of New York

Barber v. Dembroski

75 A.D.2d 959

Procedural entryThis page is a short order in Barber v. Dembroski. Read the opinion of the Court — 70 A.D.2d 745 →

Appellate Division of the Supreme Court of the State of New York·Decided May 19, 1980·Published

Opinion

Motion for permission to appeal to the Court of Appeals granted, without costs. No issue of fact was considered by this court. Pursuant to CPLR 5713, this court 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 Special Term granting plaintiff’s motion for partial summary judgment correct as a matter of law?” Mahoney, P. J., Sweeney, Kane, Staley, Jr., and Herlihy, JJ., concur.

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Motion for permission to appeal to the Court of Appeals granted, without costs. No issue of fact was considered by this court. Pursuant to CPLR 5713, this court 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 Special Term granting plaintiff’s motion for partial summary judgment correct as a matter of law?” Mahoney, P. J., Sweeney, Kane, Staley, Jr., and Herlihy, JJ., concur.

Barber v. Dembroski, 75 A.D.2d 959 (N.Y. Ct. App. 1980).

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