| Grande v Peteroy |
| Motion No: 2006-01697 |
| Slip Opinion No: 2007 NYSlipOp 86647(U) |
| Decided on December 18, 2007 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M63947
J/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
ANITA R. FLORIO
JOSEPH COVELLO, JJ.
|
2006-01697 Nancy Grande, respondent, v Alfred Peteroy, et al., appellants (and another title). (Index No. 10846/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Richmond County, dated January 11, 2006, which was determined by decision and order of this court dated April 10, 2007. Separate cross motions by (1) Alfred Peteroy and Louis Peteroy and (2) Toyota Motor Credit Corp., inter alia, for the same relief.
Upon the papers filed in support of the motion and cross motions, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motions are granted to the extent that reargument is granted, and upon reargument, the decision and order of this court dated April 10, 2007, is amended by adding thereto after the final paragraph, the sentence "Moreover, the defendants' respective motions were properly denied (see Toure v Avis Rent A Car Sys., 98 NY2d 345; Destin v New York City Transit Authority, 303 AD2d 713)", and the cross motions are otherwise denied.
RITTER, J.P., GOLDSTEIN, FLORIO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court