Hotel Carlyle Owners Corporation v Murray Schwartz

Motion No: M-794

Slip Opinion No: 2019 NYSlipOp 66795(U)

Decided on April 2, 2019

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 2, 2019

Hotel Carlyle Owners Corporation,

Plaintiff-Appellant,

v

Murray Schwartz,

Defendant-Respondent.

Plaintiff-appellant having moved for reargument of the decision and order of this Court, entered on January 15, 2019 (Appeal No. 8117N), 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, upon reargument, the decision and order of this Court entered on January 15, 2019 (Appeal No. 8117N) is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 8117N, decided simultaneously herewith.)ENTERED: April 2, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Rosalyn H. Richter Barbara R. Kapnick Ellen Gesmer Cynthia S. Kern,Justices

M-794

Index No. 157070/12