General
Phillips Construction Co., Inc., Respondent, v. City of New York, Appellant and Third-Party Plaintiff. Brodsky, Hopf and Adler, Third-Party Defendants
95 A.D.2d 753·New York Supreme Court, Appellate Division·1983·NY
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Opinion
(June 30, 1983)
Phillips Construction Co., Inc., Respondent, v City of New York, Appellant and Third-Party Plaintiff. Brodsky, Hopf and Adler, Third-Party Defendants.
[MAJORITY]
— Order, Supreme Court, New York County (Bernard Nadel, J.), entered on September 24, 1982, unanimously affirmed, without costs and without disbursements. (See Rosenman Corp. v City of New York, 87 AD2d 564.) This court grants defendant-appellant’s motion, made upon oral argument, for leave to appeal to the Court of Appeals and certifies the following question: “Was the order of the Supreme Court, as affirmed by this court, properly made?” Concur — Murphy, P. J., Silverman, Bloom, Milonas and Kassal, JJ.