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Benny v. Concord Partners 46th St. LLC

Supreme Court of the State of New York Appellate Division, First Judicial Department
Mar 18, 2021
2021 N.Y. Slip Op. 63163 (N.Y. App. Div. 2021)

Opinion

Motion No. 2021-00027 Motion No. 2021-00056 Motion No. 2021-00235

03-18-2021

Michael Benny, Plaintiff-Appellant, v. Concord Partners 46th Street LLC, et al., Defendants-Respondents.


Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Cynthia S. Kern Jeffrey K. Oing Peter H. Moulton, Justices. Index No. 150119/2012
Case No. 2019-21766

Defendants-respondents Tintol, LLC, doing business as Clubhouse Café (M-2021-00027), Havana Central NY 2 LLC doing business as Havana Central Restaurant & Café and Elo Equity, LLC (M-2021-00056), and Concord Partners 46th Street LLC (M-2021-00235) having separately moved for the 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 December 17, 2020 (Appeal No. 12681),

Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,

It is ordered that the motions of defendants Tintol, LLC, doing business as Clubhouse Café (M-2021-00027), and Havana Central NY 2 LLC doing business as Havana Central Restaurant & Café and Elo Equity, LLC (M-2021-00056), are denied in their entirety, and

It is further ordered that the motion of defendant Concord Partners 46th Street LLC (M-2021-00235), insofar as it seeks reargument, is granted and, upon reargument, the decision and order of this Court, entered on December 17, 2020 (Appeal No. 12681), is hereby recalled and vacated and a new decision and order substituted therefor (see, Appeal No. 12681 decided simultaneously herewith).

That branch of the motion (M-2021-00235) seeking leave to appeal to the Court of Appeals is denied.

ENTERED: March 18, 2021

/s/

Susanna Molina Rojas

Clerk of the Court


Summaries of

Benny v. Concord Partners 46th St. LLC

Supreme Court of the State of New York Appellate Division, First Judicial Department
Mar 18, 2021
2021 N.Y. Slip Op. 63163 (N.Y. App. Div. 2021)
Case details for

Benny v. Concord Partners 46th St. LLC

Case Details

Full title:Michael Benny, Plaintiff-Appellant, v. Concord Partners 46th Street LLC…

Court:Supreme Court of the State of New York Appellate Division, First Judicial Department

Date published: Mar 18, 2021

Citations

2021 N.Y. Slip Op. 63163 (N.Y. App. Div. 2021)