Odilson Fuentes v KWIK Realty LLC

Motion No: M-7031

Slip Opinion No: 2019 NYSlipOp 85026(U)

Decided on December 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.

December 3, 2019

Odilson Fuentes,

Plaintiff-Respondent,

v

KWIK Realty LLC,

Defendant-Appellant.

Plaintiff-respondent having moved for renewal/reargument of, or in the alternative, for leave to appeal to the Court of Appeals, the decision and order of this Court, entered on

July 30, 2019 (Appeal No. 9163), 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 for reargument is granted and, upon reargument, the decision and order of this Court entered on

July 30, 2019 (Appeal No. 9163) is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 9163 decided simultaneously herewith.) The motion is otherwise denied.ENTERED: DECEMBER 3, 2019

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Judith J. Gische Troy K. Webber Peter H. Moulton, Justices

M-7031

Index No. 450153/14