Tishman Construction Corp. et al. v United Hispanic Construction Workers Inc.

Motion No: M-6681

Slip Opinion No: 2018 NYSlipOp 63310(U)

Decided on February 6, 2018

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.

February 6, 2018

Tishman Construction Corp., et al.,

Plaintiffs-Respondents,

v

United Hispanic Construction Workers,

Inc.,

Defendant-Appellant.

- - - - - - - - - - - - -

David Rodriguez,

Nonparty Appellant.

A decision and order of this Court having been entered on November 14, 2017 (Appeal Nos. 4960, 4961 and 4962N), affirming the order and judgment of the Supreme Court, New York County, entered on or about January 27, 2016, And defendant-appellant and nonparty appellant having moved

for clarification of the aforesaid decision and order of this Court, 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 granted, and the decision and order of this Court entered on November 14, 2017 (Appeal Nos. 4960, 4961 and 4962N), is recalled and vacated and a new decision and order is substituted therefor. (See Appeal Nos. 4960A, 4961A and 4962NA, decided simultaneously herewith.) ENTERED: February 6, 2018

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding,Angela M. Mazzarelli Marcy L. Kahn Peter H. Moulton, Justices

M-6681

Index No. 150585/11