James Daly v 9 East 36th LLC .

Motion No: M-5424

Slip Opinion No: 2017 NYSlipOp 93458(U)

Decided on November 28, 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.

November 28, 2017

James Daly,

Plaintiff-Respondent,

v

9 East 36th LLC,

Defendant-Appellant.

Defendant-appellant having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on September 5, 2017 (Appeal No. 4372), 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: November 28, 2017

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Dianne T. Renwick Troy K. Webber Ellen Gesmer Cynthia S. Kern, Justices

M-5424

Index No. 158991/14