| George Perlstein v Kingstone Ins. Co. |
| Motion No: 2012-00968 kc |
| Slip Opinion No: 2013 NY Slip Op 94387(U) |
| Decided on December 13, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| George Perlstein, Appellant, v Kingstone Insurance Company, Respondent, and Nancy Reiersen, Defendant. |
Motion by respondent for leave to reargue an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered January 12, 2012, which was determined by decision and order of this court dated July 1, 2013 (40 Misc 3d 129[A], 2013 NY Slip Op 51111[U]), 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 motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking leave to reargue is granted and, upon reargument, and upon respondent's having submitted undisputed documentary evidence in further support of a showing of a reasonable excuse for the default, the decision and order of this court dated July 1, 2013 are recalled and vacated, and a new decision and order substituted therefor (see Appeal No. 2012-968 K C, decided simultaneously herewith); and it is further,
ORDERED that the branch of the motion seeking leave to appeal to the Appellate Division from the decision and order of this court dated July 1, 2013 is denied as moot.
ENTER:
Paul Kenny
Chief Clerk