Amnon Shiboleth et al. v Joseph Yerushalmi et al.

Motion No: M-6719

Slip Opinion No: 2019 NYSlipOp 70655(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

Amnon Shiboleth, et al.,

Plaintiffs-Respondents,

v

Joseph Yerushalmi, et al.,

Defendants-Appellants,

N.S.N. International Industries, et al.,

Defendants.

An order of this Court having been entered on October 25, 2018 (Appeal No. 7466), unanimously reversing the order of the Supreme Court, New York County, entered on or about December 11, 2017, and awarding $774,667.65 of the "Phoenix fee" to plaintiff Yerushalmi, Shiboleth, Yisraeli & Roberts, LLP and $126,664.35 to defendant Joseph Yerushalmi, And plaintiffs-respondents having moved to amend or correct the aforementioned order to replace the directive that "The Clerk is directed to enter judgment accordingly", with a "direction remanding the matter to the Special Referee to Hear and Determine..., for entry of a new final accounting judgment based on updated accounting schedules ....," Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that said motion is denied. ENTERED: May 16, 2019

_____________________ DEPUTY CLERK

Present - Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Troy K. Webber Jeffrey K. Oing Peter H. Moulton, Justices

M-6719

Index No. 600350/98