Cypress Group Holdings Inc. v Onex Corporation et al. .

Motion No: M-3744

Slip Opinion No: 2018 NYSlipOp 85542(U)

Decided on October 9, 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.

October 9, 2018

Cypress Group Holdings, Inc.,

Plaintiff-Respondent,

v

Onex Corporation et al.,

Defendants-Appellants.

Defendants-appellants having moved for clarification, deemed a motion for reargument, of the decision and order of this Court, entered on June 28, 2018 (Appeal No. 7020) [M-3740], And plaintiff-respondent having moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals, from the aforementioned decision and order of this Court, entered on June 28, 2018 (Appeal No. 7020) [M-3744], Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motion by defendants-appellants for reargument is granted and, upon reargument, the decision and order of this Court entered on June 28, 2018 is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 7020 decided simultaneously herewith.) The motion is otherwise denied [M-3740]. The motion by plaintiff-respondent is denied in its entirety [M-3744]. ENTERED: October 9, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Peter Tom Angela M. Mazzarelli Anil C. Singh, Justices

M-3744

M-3740

Index No. 653408/15