[*1]
Tompkins v Underwood
2009 NY Slip Op 29244
Decided on June 2, 2009
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the printed Miscellaneous Reports.


Decided on June 2, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., MOLIA and SCHEINKMAN, JJ
2008-1364 D C.

Recalled and vacated by order of the Appellate Term, Second Department, dated June 29, 2009 (see 2009 NY Slip Op 76890[U]). Replaced with 2009 NY Slip Op 29288.