TRC Master Fund LLC v AP Gas & Electric LLC

Motion No: M-2854

Slip Opinion No: 2019 NYSlipOp 79567(U)

Decided on September 17, 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 17, 2019

TRC Master Fund, LLC,

Plaintiff-Appellant,

v

AP Gas & Electric (TX) LLC,

Defendant-Respondent.

Defendant-respondent 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 30, 2019 (Appeal No. 9112), 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 30, 2019 (Appeal No. 9112) is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 9112, decided simultaneously herewith.) The motion, to the extent it seeks leave to appeal to the Court of Appeals, is denied. ENTERED: September 17, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Judith J. Gische Troy K. Webber Marcy L. Kahn Jeffrey K. Oing,Justices

M-2854

Index No. 654968/16