GLENBALL, LTD. v. TLY CONEY, LLC


57 A.D.3d 843 (2008)

GLENBALL, LTD., Appellant, v. TLY CONEY, LLC, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

December 23, 2008.


Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is

Ordered that the motion is granted; and it is further,

Ordered that upon reargument, the decision and order of this Court dated February 5, 2008 (Glenball, Ltd. v TLY Coney, LLC, 48 A.D.3d 415 [2008]), is recalled and vacated, and the following decision and order is substituted therefor:

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