In re Progressive Classic Ins. Co. v Kitchen

Motion No: M-3743

Slip Opinion No: 2007 NYSlipOp 86711(U)

Decided on December 18, 2007

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.

December 18, 2007

In re Progressive Classic Insurance Company v Kitchen

Reargument granted and, upon reargument, the decision and order of this Court entered on June 28, 2007 (Appeal No. 1460N) recalled and vacated and a new decision and order substituted therefor (See Appeal No. 1460N, decided simultaneously herewith); leave to appeal to the Court of Appeal denied; cross motion denied.

Before: Lippman, P.J., Mazzarelli, Marlow, Buckley, Malone, JJ.

Motion Nos. M-3743, M-4371