| Queens Med. Supply, Inc. As Assignee of Lance Mack v Ids Prop. & Cas. Ins. Co. |
| Motion No: 2011-00284 KC |
| Slip Opinion No: 2015 NY Slip Op 82919(U) |
| Decided on August 26, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Queens Medical Supply, Inc. as Assignee of Lance Mack, Respondent, v IDS Property & Casualty Insurance Co., Appellant. |
Motion by respondent for leave to reargue and renew an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered April 9, 2012, which was determined by decision and order of this court dated November 26, 2013 (41 Misc 3d 139[A] 2013 NY Slip Op 51996[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 no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking leave to renew is granted and, upon renewal, the decision and order of this court dated November 26, 2013 are recalled and vacated, and a new decision and order substituted therefor (see appeal No. 2011-284 K C, decided simultaneously herewith); and it is further,
ORDERED that the remainder of the motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk