Verlene Gause v 2405 Marion Corp.

Motion No: M-4942

Slip Opinion No: 2017 NYSlipOp 88002(U)

Decided on October 5, 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.

October 5, 2017

Verlene Gause,

Plaintiff-Respondent,

v

2405 Marion Corp., Defendant-Appellant,

Rosario Marino,

Defendant.

A decision and order of this Court having been entered on March 22, 2016 (Appeal No. 550), withdrawing the appeal taken from an order of the Supreme Court, Bronx County, entered on or about April 10, 2015, And counsel for defendant-appellant having moved, on its behalf, for reinstatement of the aforesaid appeal or, in the alternative, for an order enforcing a settlement between plaintiff and defendant, 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, to the extent it seeks enforcement of the settlement, is denied. The motion, to the extent it seeks reinstatement of the aforesaid appeal, is

granted, and the decision and order of this Court entered on March 22, 2016 (Appeal No. 550), is recalled and vacated and

a new decision an order of this Court substituted therefor.

(See Appeal No. 550, decided simultaneously herewith.) ENTERED: October 5, 2017

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Richard T. Andrias Barbara R. Kapnick, Justices

M-4942

Index No. 303876/12