Shalam v KPMG LLP - HVB Structured Fin., Inc.

Motion No: M-3347

Slip Opinion No: 2007 NYSlipOp 78774(U)

Decided on September 25, 2007

Appellate Division, First 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.

September 25, 2007

Shalam v KPMG LLP - HVB Structured Finance, Inc.

Reargument granted and, upon reargument, the

decision and order of this Court entered on June 14, 2007

(Appeal No. 1123) recalled and vacated and a new decision

and order substituted therefor. (See Appeal No. 1123, decided simultaneously herewith.)

Before: Tom, J.P., Mazzarelli, Marlow, Nardelli, McGuire, JJ.

Motion No. M-3347