Solomon Zwiebel, Faigy Zwiebel, Yaakov T. Bron & Chanah Bron v Shmiel Guttman & Williamsburg Leasing
Motion No: 2009-01227 kc
Slip Opinion No: 2013 NY Slip Op 70273(U)
Decided on April 15, 2013
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHELLE WESTON, J.P.

JAIME A. RIOS

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2009-1228 K C
2009-1227 K C
Solomon Zwiebel, Faigy Zwiebel, Yaakov T. Bron and Chanah Bron, Respondents, v Shmiel Guttman and Williamsburg Leasing, Appellants, and Chase Manhattan Auto Finance Corp., Defendant.

Separate motions by respondents Solomon Zwiebel and Faigy Zwiebel, and by respondents Yaakov T. Bron and Chanah Bron, for leave to reargue consolidated appeals from a decision and order of the Civil Court of the City of New York, Kings County, entered October 7, 2008, which were determined by decision and order of this court dated July 25, 2012 or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.

Upon the papers filed in support of the motions, and the papers filed in opposition thereto, it is

ORDERED that respondents' motions are consolidated for the purpose of disposition; and it is further,

ORDERED that the branches of respondents' motions seeking leave to reargue are granted to the extent that leave to reargue is granted and, upon reargument, the decision and order of this court dated July 25, 2012 (36 Misc 3d 139[A], 2012 NY Slip Op 51459[U]) are recalled and vacated and a new decision and order substituted therefor (see Appeal Nos. 2009-1227 K C and 2009-1228 K C, decided simultaneously herewith); and it is further,

ORDERED that the branches of respondents' motions seeking leave to appeal to the Appellate Division from the decision and order of this court dated July 25, 2012 are denied as academic.

ENTER:

Paul Kenny

Chief Clerk