Richard Lyons et al. v New York City Economic Development Corporation et al.

Motion No: M-8683

Slip Opinion No: 2020 NYSlipOp 65706(U)

Decided on April 23, 2020

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.

April 23, 2020

Richard Lyons, et al.,

Plaintiffs-Appellants-Respondents,

v

New York City Economic Development

Corporation, et al.,

Defendants-Respondents-Appellants.

Defendants-respondents having moved for clarification, 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 October 17, 2019 (Appeal No. 10095)[M-8682],And plaintiffs-appellants having cross-moved for reargument of, or in the alternative, leave to appeal to the Court of Appeals from the aforesaid decision and order of this Court entered on October 17, 2019 (Appeal No. 10095) [M-8683], Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,It is ordered that the motion [M-8682], to the extent it seeks clarification, is granted, and the decision and order of this Court entered on October 17, 2019 (Appeal No. 10095) is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 10095, decided simultaneously herewith.) The motion is otherwise denied, and it is further Ordered that the cross motion [M-8683] is denied. ENTERED:

_____________________ CLERK

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

M-8683

M-8682

Index No. 160496/15