Frank M. Weiser et al. v Citigroup Inc. et al.

Motion No: M-2879

Slip Opinion No: 2019 NYSlipOp 79210(U)

Decided on September 3, 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.

September 3, 2019

Frank M. Weiser, et al.,

Plaintiffs-Appellants,

v

Citigroup, Inc., et al.,

Defendants-Respondents,

Susanne Strows, et al.,

Defendants.

Plaintiffs-appellants 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

April 25, 2019 (Appeal No. 9099), 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, to the extent it seeks reargument, is granted and, upon reargument, the decision and order of this Court entered on April 25, 2019 (Appeal No. 9099) is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 9099, decided simultaneously herewith.) The motion, to the extent it seeks leave to appeal to the Court of Appeals, is denied. ENTERED: September 3, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels Peter Tom Barbara R. Kapnick Peter H. Moulton, Justices

M-2879

Index No. 655851/16