| Peter Tropaitis v Kimon Thermos Etc. |
| Motion No: 2013-02277 NC |
| Slip Opinion No: 2015 NY Slip Op 79237(U) |
| Decided on July 14, 2015 |
| 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
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Peter Tropaitis, Respondent, v Kimon Thermos etc. Appellant. |
Motion by respondent for leave to reargue an appeal from a judgment of the District Court of Nassau County, First District, entered April 18, 2013, which was determined by decision and order of this court dated March 30, 2015, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court. Separate motion by appellant for the release of funds on deposit and to clarify this court's decision and order.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for the purposes of disposition; and it is further,
ORDERED that respondent's motion is denied; and it is further,
ORDERED that the branch of appellant's motion seeking the release of funds on deposit is granted and the funds on deposit shall be released to appellant Kimon Thermos; and it is further,
ORDERED that the branch of appellant's motion seeking to clarify this court's decision and order is granted and a provision is added to the decretal paragraphs thereof directing the clerk of the Small Claims Part of the District Court to enter a net judgment in favor of appellant following the calculation of the interest due each party.
ENTER:
Paul Kenny
Chief Clerk