| New York Merchants Protective Co., Inc. v Oristy Food Ctr., Inc. |
| Motion No: 2010-00180 QC |
| Slip Opinion No: 2014 NY Slip Op 87426(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 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| New York Merchants Protective Co., Inc., Appellant, v Oristy Food Center, Inc., Respondent. |
Motion by appellant for leave to reargue an appeal from a judgment of the Civil Court, Queens County, entered November 30, 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 135[A], 2011 NY Slip Op 50637[U]) are recalled and vacated, and a new decision and order are substituted therefor (see appeal No. 2010-180 Q C, decided simultaneously herewith).
ENTER:
Paul Kenny
Chief Clerk