Appellate Division of the Supreme Court of New York, 1981

Capital Telephone Co. v. Pattersonville Telephone Co.

Capital Telephone Co. v. Pattersonville Telephone Co.
Appellate Division of the Supreme Court of New York · Decided August 10, 1981
83 A.D.2d 912; 1981 N.Y. App. Div. LEXIS 15338
Capital Telephone Co. v. Pattersonville Telephone Co.

Opinion of the Court

Motion for reargument denied, without costs. Motion for permission to appeal to the Court of Appeals granted, without costs. No issue of fact was considered by this court. Pursuant *913to 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 this Court, which, in part, granted defendants’ motion to dismiss, correct as a matter of law?” Main, J. P., Casey, Mikoll, Yesawich, Jr., and Weiss, JJ., concur.

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