Epiphany Community Nursery School v Hugh W. Levey Claire Gruppo Gruppo Levey & Co. Gruppo Levey Holdings

Motion No: M-1404

Slip Opinion No: 2019 NYSlipOp 69702(U)

Decided on May 7, 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.

May 7, 2019

Epiphany Community Nursery School,

Plaintiff-Appellant,

v

Hugh W. Levey, Claire Gruppo, Gruppo,

Levey & Co., Gruppo, Levey Holdings

Inc., January Management, Inc., Frog

Pond Partners L.P. and Davie Kaplan

CPA, P.C.,

Defendants-Respondents.

Plaintiff-appellant having moved 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 February 15, 2019 (Appeal No. 6695), insofar as it affirmed the dismissal of plaintiff's claims against defendant-respondent David Kaplan CPA, P.C., as time barred, 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: May 7, 2019

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Judith J. Gische Peter Tom Cynthia S. Kern Anil C. Singh, Justices

M-1404

Index No. 654655/16