Virginia M. Henneberry v Leon Baer Borstein et al. .

Motion No: M-1662

Slip Opinion No: 2019 NYSlipOp 70654(U)

Decided on May 16, 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 16, 2019

Virginia M. Henneberry,

Plaintiff-Appellant,

v

Leon Baer Borstein, et al.,

Defendants-Respondents.

Plaintiff-appellant having moved for clarification resettlement and/or reargument of the decision and order of this Court, entered on February 21, 2019 (Appeal No. 8478), 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 February 21, 2019 (Appeal No. 8478) is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 8478 decided simultaneously herewith.) ENTERED: May 16, 2019

_____________________ DEPUTY CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Ellen Gesmer Cynthia S. Kern, Justices

M-1662

Index No. 600357/10