| 2005-2011 Realty, LLC v Brailovskiy |
| Motion No: 2018-00424 |
| Slip Opinion No: 2020 NY Slip Op 74023(U) |
| Decided on November 2, 2020 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M273957
E/mb
MARK C. DILLON, J.P.
ROBERT J. MILLER
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2018-00424 2005-2011 Realty, LLC, plaintiff, v Aleksandr Brailovskiy, et al., defendants third-party plaintiffs-respondents; Boris Kurbatsky, et al., third-party defendants-appellants. (Index No. 502216/2016)
| DECISION & ORDER ON MOTION |
2019-00946
2005-2011 Realty, LLC, plaintiff,
v Aleksandr Brailovskiy, et al., defendants
third-party plaintiffs-respondents; Boris
Kurbatsky, et al., third-party defendants-appellants.
(Index No. 502216/2016)
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated October 30, 2020, in the above-entitled matter under Appellate Division Docket No. 2019-00946, is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from an order of the Supreme Court, Kings County, dated November 15, 2017, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and separate appeal from an order of the same court dated November 26, 2018, which was determined by decision and order of this Court dated August 26, 2020. Motion by the third-party defendants-appellants for leave to reargue their prior motion, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated November 15, 2017, and to stay an inquest on the issue of damages in the above-entitled action, which was determined by a decision and order on motion of this Court dated April 4, 2019, for leave to reargue the appeal from the order dated November 26, 2018, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this Court dated April 4, 2019, and the decision and order of this Court dated August 26, 2020.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
DILLON, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court