Randy Polanco Rodriguez v Antillana & Metro Supermarket Corp. doing business as Antilla Superfood

Motion No: M-8316

Slip Opinion No: 2020 NYSlipOp 61755(U)

Decided on January 30, 2020

Appellate Division, First 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.

January 30, 2020

Randy Polanco Rodriguez,

Plaintiff-Appellant,

v

Antillana & Metro Supermarket Corp., doing business as Antilla Superfood

Supermarket, et al.,

Defendants-Respondents.

- - - - -

[And a Third-Party Action]

Plaintiff-appellant having moved for reargument of a certain portion of the decision and order of this Court, entered on October 29, 2019 (Appeal No. 10119), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted and, upon reargument, the decision and order of this Court entered on October 29, 2019 (Appeal No. 10119) is hereby recalled and vacated and a new decision and order substituted therefor. (See Appeal No.10119 decided simultaneously herewith.) ENTERED: JANUARY 30, 2020

_____________________ CLERK

PRESENT: Hon. Sallie Manzanet-Daniel, Justice Presiding, Judith J. Gische Troy K. Webber Peter H. Moulton, Justices

M-8316

Index No. 301012/14