Bright Med. Supply Co. As Assignee of Lourdes Marrero v Ids Prop. & Cas. Ins. Co.
Motion No: 2011-02147 kc
Slip Opinion No: 2013 NY Slip Op 91854(U)
Decided on November 8, 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

MICHAEL L. PESCE, P.J.

JAIME A. RIOS

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2011-2147 K C
Bright Medical Supply Co. as Assignee of Lourdes Marrero, Respondent, v IDS Property and Casualty Insurance Company, Appellant.

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 March 18, 2011, which was determined by decision and order of this court dated July 5, 2013.

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

ORDERED that the motion is denied.

We note that the purported affidavit annexed to appellant's motion papers was not sworn to, nor was it a copy of the document that was submitted in support of appellant's summary judgment motion, as the purported affidavit was apparently printed over two years after the order of the Civil Court entered March 18, 2011.

ENTER:

Paul Kenny

Chief Clerk