In re Northwest 5th & 45th v Mitchell Maxwell & Jackson Inc. et al.

Motion No: M-3641

Slip Opinion No: 2018 NYSlipOp 84347(U)

Decided on September 25, 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.

September 25, 2018

In re Northwest 5th & 45th

Realty Corp.,

Petitioner-Respondent,

v

Mitchell, Maxwell & Jackson, Inc.,

et al.,

Respondents-Appellants,

Jeffrey Jackson, etc., et al.,

Respondents.

Respondents-appellants having moved for clarification deemed a motion for reargument, of the decision and order of this Court entered on May 17, 2018 (Appeal No. 6616), 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 May 17, 2018 (Appeal No. 6616) is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 6616, decided simultaneously herewith.) ENTERED: September 25, 2018

_____________________ CLERK

PRESENT: Hon. Peter Tom,Justice Presiding, Angela M. Mazzarelli Richard T. Andrias Cynthia S. Kern,Justices

M-3641

Index No. 150344/13