| New York Merchants Protective Co., Inc. v James Ricca |
| Motion No: 2009-01844 NC |
| Slip Opinion No: 2014 NY Slip Op 87425(U) |
| Decided on October 23, 2014 |
| 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 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
ANTHONY MARANO
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| New York Merchants Protective Co., Inc., Appellant, v James Ricca, Respondent. |
Motion by appellant for leave to reargue an appeal from an order of the District Court of Nassau County, First District, entered April 7, 2009, which was determined by decision and order of this court dated April 11, 2011.
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, the decision and order of this court dated April 11, 2011 (31 Misc 3d 134[A], 2011 NY Slip Op 50631[U]), are recalled and vacated, and a new decision and order are substituted therefor (see Appeal No. 2009-1844 N C, decided simultaneously herewith).
ENTER:
Paul Kenny
Chief Clerk