Majority
p. 826Midori Shimamoto, as Administratrix of the Estate of Bart Schwartz, Deceased, et al., Respondents, v S&F Warehouses, Inc., et al., Defendants, and Simon, Meyrowitz, Meyrowitz & Schlussel, Appellant. (And a Third-Party Action.) Submitted March 6, 2006; decided March 28, 2006
p. 827
Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that the State Constitution (NY Const, art VI, § 3 [b] [3], [4]) and the CPLR (CPLR 5601 [c]; 5602 [b] [1]) do not authorize a grant of leave to defendant on a certified question in these circumstances (see Maynard v Greenberg, 82 NY2d 913 [1994]).
Cases cited
- Maynard v. Greenberg 82 NY2d 913 p. 827