Sean Rad et al. v IAC/InterActiveCorp et al

Motion No: M-100

Slip Opinion No: 2020 NYSlipOp 66448(U)

Decided on May 21, 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.

May 21, 2020

Sean Rad, et al.,

Plaintiffs-Respondents,

v

IAC/InterActiveCorp, et al,

Defendants-Appellants.

Defendants-appellants having moved (M-8412) 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

October 29, 2019 (Appeal No. 9946), And the Real Estate Board of New York, having moved (M-100) for leave to file a brief amicus curiae in support of defendants-appellants,Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motion (M-8412), to the extent it seeks reargument, is granted and, upon reargument, the decision and order of this Court entered on October 29, 2019 (Appeal No. 9946) is recalled and vacated and a new decision and order substituted therefor. See Appeal No. 9946 decided simultaneously herewith. The branch of the motion seeking leave to appeal to the Court of Appeals is denied, without prejudice to seeking such leave from the reissued decision and order, and It further ordered that the motion by the Real Estate Board of New York for leave to file a brief amicus curiae, (M-100), is

granted to the extent that its proposed brief is deemed filed in support of defendants' motion, and otherwise denied. ENTERED: MAY 21, 2020

_____________________ CLERK

PRESENT: Hon. Rosalyn H. Richter, Justice Presiding, Judith J. Gische Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices

M-100

M-8412

Index No. 654038/18