24 Rock Corp. v. Tomasello Bros., Inc.

• Decision Date: 31 January 1968
• Citation: 29 A.D.2d 694,289 N.Y.S.2d 391
• Parties: 24 ROCK CORP., Respondent, v. TOMASELLO BROS., INC., Appellant; COLONIAL BLUE DIAMOND MORTAR CORP.,Third-Party Defendant-Respondent.
• Court: New York Supreme Court — Appellate Division

Page 391

289 N.Y.S.2d 391

29 A.D.2d 694

24 ROCK CORP., Respondent, v. TOMASELLO BROS., INC., Appellant; COLONIAL BLUE DIAMOND MORTAR CORP.,Third-Party Defendant-Respondent.

Supreme Court of New York, Appellate Division, Second Department.

Jan. 31, 1968.

Motion by appellant denied insofar as it is for reargument. Cross motion by third-party defendant-respondent is treated herewith as opposition to the remainder of appellant's motion, which is for leave to appeal to the Court of Appeals and to stay enforcement by plaintiff-respondent of the judgment in this action; and said portion of appellant's motion is disposed of as follows: Appellant is granted leave to appeal to the Court of Appeals only insofar as this court's order is in favor of plaintiff-respondent and against appellant; and denied such leave insofar as said order pertains to the third-party action. Stay of enforcement of judgment is denied, as unnecessary; the stay obtained by appellant's undertaking, previously given, continues pending appeal to the Court of Appeals (CPLR 5519, subd. (e)). In our opinion, questions of law have arisen as between the plaintiff-respondent and appellant which ought to be reviewed. The findings of fact have been affirmed. The following question is certified: Was the order of this court, dated January 8, 1968, properly made? 29 A.D.2d 660, 286 N.Y.S.2d 630.

CHRIST, Acting P.J., and RABIN, HOPKINS, BENJAMIN and MUNDER, JJ., concur.