Joseph Liporace Jr. et al. v Neimark & Neimark LLP et al.

Motion No: M-667

Slip Opinion No: 2018 NYSlipOp 75955(U)

Decided on June 26, 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.

June 26, 2018

Joseph Liporace, Jr., et al.,

Plaintiffs-Respondents,

v

Neimark & Neimark, LLP, et al.,

Defendants-Appellants.

The successor law firm defendants-appellants, Budin Reisman Kupferberg & Bernstein LLP, Harlan Budin, Alicer Kupferberg and Adam Bernstein, having moved (M-665) for reargument of or, in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on January 9, 2018 (Appeal Nos. 5408-5409), And, in a separate motion (M-667), plaintiff Joseph Liporace, Jr. also moves for reargument of or, in the alternative, for leave to appeal to the Court of Appeals, from this Court's January 9, 2018 decision and order, Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motions, to the extent they seek leave to appeal to the Court of Appeals, are denied. The motions, to they extent they seek reargument, are granted and, upon reargument, the decision and order of this Court, entered on January 9, 2018 (Appeal Nos. 5408-5409) is recalled and vacated and a new decision and order substituted therefor. (See Appeal Nos. 5408-5409, decided simultaneously herewith.) ENTERED: June 26, 2018

_____________________ CLERK

Present - Hon. Peter Tom,Justice Presiding, Barbara R. Kapnick Troy K. Webber Jeffrey K. Oing,Justices

M-667

M-665

Index No. 153323/15