Barry Fox et al. v 12 East 88th LLC et al. .

Motion No: M-2034

Slip Opinion No: 2018 NYSlipOp 78027(U)

Decided on July 19, 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.

July 19, 2018

Barry Fox, et al.,

Plaintiffs-Appellants-Respondents,

Confidential

v

12 East 88th LLC, et al.,

Defendants-Respondents-Appellants.

Plaintiffs-appellants-respondents having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on April 3, 2018 (Appeal No. 5200), 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: July 19, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices

M-2034

Index No. 154841/14