BCG Partners Inc. et al. v Avison Young Inc. et al

Motion No: M-746

Slip Opinion No: 2018 NYSlipOp 68641(U)

Decided on April 3, 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.

April 3, 2018

BCG Partners, Inc., et al.,

Plaintiffs-Appellants-Respondents,

v

Avison Young (Canada) Inc., et al.,

Defendants-Respondents-Appellants.

Defendants having moved for reargument of the decision and order of this Court, entered on December 14, 2017 (Appeal No. 5242) [M-257], And plaintiffs having cross-moved for leave to strike a portion of defendants' submission in support of reargument, and for other relief [M-746], Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion for reargument is granted [M-257] and, upon reargument, the decision and order of this Court, entered on December 14, 2017 (Appeal No. 5242), is recalled and vacated and a new decision and order substituted therefor [M-257]. (See Appeal No. 5242, decided simultaneously herewith.) The cross motion is denied [M-746].ENTERED: April 3, 2018

_____________________ CLERK

Present - Hon. Troy K. Webber,Justice Presiding, Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices

M-746

M-257

Index No. 652669/12