UBS Securities LLC et al. v Highland Capital Management L.P. et al.

Motion No: M-6347

Slip Opinion No: 2018 NYSlipOp 66852(U)

Decided on March 15, 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.

March 15, 2018

UBS Securities LLC, et al.,

Plaintiffs-Respondents-Appellants,

v

Highland Capital Management, L.P., et al.,

Defendants-Appellants-Respondents,

Highland Security Opportunities

Holding Company, et al.,

Defendants-Appellants.

Plaintiffs-respondents-appellants having moved for reargument of the decision and order of this Court, entered

on October 31, 2017 (Appeal Nos. 4834 and 4835) [M-6096], And defendants-appellants-respondents and defendants-

appellants having jointly moved for the same relief [M-6347], Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that Plaintiffs-respondents-appellants motion is granted and, upon reargument, the decision and order of this Court, entered on October 31, 2017(Appeal Nos. 4834 and 4835)

is recalled and vacated and a new decision and order substituted therefor. (See Appeal Nos. 4834 and 4835 decided simultaneously herewith.) Defendants' motion for reargument is denied.ENTERED: March 15, 2018

_____________________ CLERK

Present: Hon. Rosalyn H. Richter, Justice Presiding, Troy K. Webber Cynthia S. Kern Peter H. Moulton, Justices

M-6347

M-6096

Index No. 650097/09