Mulberry Development LLC v Peak Performance NYC LLC et al.

Motion No: M-2250

Slip Opinion No: 2017 NYSlipOp 79733(U)

Decided on July 13, 2017

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.

July 13, 2017

Mulberry Development LLC,

Plaintiff-Respondent,

v

Peak Performance NYC, LLC, et al.,

Defendants-Appellants.

Defendants-appellants having moved for reargument of, or

in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on March 23, 2017 (Appeal No. 2575), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. ENTERED: July 13, 2017

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Karla Moskowitz Judith J. Gische, Justices

M-2250

Index No. 155548/16