| MH Residential I, LLC, et al. v Barrett, John, et al. |
| Motion No: 570081/08 |
| Slip Opinion No: 2009 NY Slip Op 79942(U) |
| Decided on August 7, 2009 |
| Appellate Term, 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. |
August 7, 2009
MH Residential I, LLC, et al. v Barrett, John, et al.
It is Ordered that the motion for reargument is granted, and upon reargument, our opinion filed November 26, 2008 modified 1) to delete, on page 4, lines 16 to 17, the citation of 1 Dolan, Rasch's Landlord and Tenant Summary Proceedings § 10:1, at 445 [4th ed], and substitute therefor the reference to 2 Dolan, Rasch's Landlord and Tenant Summary Proceedings § 23:1, at 165 [4th ed]; and 2) to delete the existing footnote 1 on page 3 and substitute therefor the following:
We have been informed that four of the 29 respondents - Cinque, Altheck, Waitman and Fleming - executed agreements to purchase their respective apartments as condominiums during the pendency of this appeal, and that, at the time the Attorney General accepted the offering, plan for filing, a fifth respondent (Fiur) was in occupancy of her apartment pursuant to an extant lease. These circumstances render academic the controversy involving these respondents.
It is Ordered that the motion for leave to appeal to the Appellate Division-First Department is granted. The respondents shall file, in duplicate, with proof of service, with the Clerk of this Court, copies of the Pre-Argument statement, pursuant to Section 600.17 of the Rules of the Appellate Division-First Department, and two (2) copies of the order granting leave to appeal.
By: McKeon, P.J., Schoenfeld, J.J.
Motion No. 570081/08