Matter of 315 Berry Street Corporation v Hanson Fine Arts
Motion No: 2005-10068
Slip Opinion No: 2006 NYSlipOp 61196(U)
Decided on January 27, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35329

A/sl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-10068

In the Matter of 315 Berry Street Corporation,

appellant, v Hanson Fine Arts, et al., respondents.

(Index No. 68516/02)

DECISION & ORDER ON MOTION

Motion by the respondents Jennifer Kuipers, Sean Renbold, and Miyuki Shibuya, to recall and vacate a decision and order on motion of this court dated December 14, 2005, which granted, without opposition, the appellant's motion for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated April 29, 2005, which modified an order of the Civil Court of the City of New York, Kings County, entered August 8, 2003, and to deny the motion.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,

ORDERED that the motion is granted to the extent that the movants' opposition papers are accepted, and upon consideration of the opposition, the court adheres to the prior determination, and the motion is otherwise denied.

FLORIO, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court