| 853 Seventh Ave. Owners, LLC v W & HM Realty Co., LLC etc. |
| Motion No: 2010-293 |
| Slip Opinion No: 2010 NY Slip Op 70200 |
| Decided on May 04, 2010 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
853 Seventh Avenue Owners, LLC,
Appellant,
v
W & HM Realty Co., LLC etc.,
Respondent.
(And A Related Proceeding.)
Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed Supreme Court's order denying the motion to modify or vacate the order rendered in the declaratory judgment action, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.