| Roman Chiropractic, P.C. As Assignee of Raul Rosario v Lumbermens Mut. Cas. Co. |
| Motion No: 2009-01553 KC 07-16-2010 |
| Slip Opinion No: 2011 NY Slip Op 90201(U) |
| Decided on May 10, 2011 |
| 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.
MICHELLE WESTON
JOSEPH G. GOLIA, JJ.
DECISION & ORDER ON MOTION
| Roman Chiropractic, P.C. as Assignee of Raul Rosario, Appellant, v Lumbermens Mutual Casualty Company, Respondent. |
Motion by appellant for leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 15, 2009, which was determined by decision and order of this court dated June 4, 2010.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, and upon reargument, the decision and order of this court dated June 4, 2010 (27 Misc 3d 142[A], 2010 NY Slip Op 51000[U]) are recalled and vacated and a new decision and order substituted therefor.
ENTER:
Paul Kenny
Chief Clerk