Emfore Corp. v Blimpie Assoc., Ltd.

Motion No: M-248

Slip Opinion No: 2008 NYSlipOp 71166(U)

Decided on May 6, 2008

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.

May 6, 2008

Emfore Corp. v Blimpie Associates, Ltd.

Reargument granted and, upon reargument, the decision and order of this Court entered on December 20, 2007 (Appeal

No. 2382) recalled and vacated and a new decision and order substituted therefor (see Appeal No. 2382, decided simultaneously herewith); leave to appeal to the Court of Appeal denied (M-248); amicus curiae brief served with the moving papers deemed filed (M-994).

Before: Lippman, P.J., Mazzarelli, Saxe, Williams, Buckley, JJ.

Motion Nos. M-248, M-994