| Midwood Doors & Windows v Kristina Tran |
| Motion No: 2008-00965 kc |
| Slip Opinion No: 2010 NY Slip Op 74675(U) |
| Decided on June 8, 2010 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Midwood Doors & Windows, Respondent, v Kristina Tran, Appellant. |
Motion by respondent to amend this court's order dated June 8, 2009, which modified a judgment of the Civil Court of the City of New York, Kings County, entered January 2, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that respondent's motion to amend this court's order dated June 8, 2009 is granted and the first decretal paragraph thereof is amended by striking the provision requiring that "contemporaneously with the payment of the judgment, plaintiff shall make available to defendant the subject door."
In view of respondent's showing that it complied with the condition of payment set forth in this court's order dated June 8, 2009, the order is amended to provide for entry of an unconditional judgment in favor of respondent in the principal sum of $4,324.16.
ENTER:
Marsha L. Steinhardt
Associate Justice