Wenning et al v. On-Site Manager, Inc.

Filing 109

OPINION & ORDER re: 108 LETTER MOTION to Reopen for Reconsideration addressed to Judge Paul A. Engelmayer from James B. Fishman dated July 6, 2016, filed by Deborah Wenning. For the foregoing reasons, the Court amends its June 22 Decision by striking the words "knew or" from the sentence reading: "In the Court's assessment, although the question is a close one, this evidence, viewed in combination, is sufficient to permit a reasonable jury to conclude that On-Site knew or should have known that the term 'Forcible Entry/Detainer' was inaccurate as applied to New York City holdover proceedings, and that Lexis was nevertheless applying this term to such proceedings." See June 22 Decision at *17 (Dkt 105, at 34-35). For the reasons explained, this modest correction is in full accord with the reasoning and holding of the Court's June 22 Decision. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 108. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 7/8/2016) (kl)

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