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New York Merchants Protective Co., Inc. v 1363 Old N. Rest., Inc.
2011 NY Slip Op 50632(U) [31 Misc 3d 135(A)]
Decided on April 11, 2011
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 11, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : MOLIA, J.P., TANENBAUM and LaCAVA, JJ
2009-1846 N C. NO. 2009-1846 N C

NEW YORK MERCHANTS PROTECTIVE CO., INC., Appellant,

against

1363 OLD NORTHERN RESTAURANT, INC. and LINDA FALCO, Respondents.


Appeal from an order of the District Court of Nassau County, Second District (Michael A. Ciaffa, J.), entered February 23, 2009. The order denied a petition to confirm an arbitration award and dismissed the proceeding.


ORDERED that the order is affirmed, without costs.

For the reasons stated in New York Merchants Protective Co., Inc. v Yolanda Rojas (___ Misc 3d ___, 2011 NY Slip Op ___ [Appeal No.

Molia, J.P., and LaCava, J., concur.

Tanenbaum, J., concurs in a separate memorandum.

Tanenbaum, J., concurs in the following memorandum:

I concur for the reasons stated in my concurrence in New York Merchants Protective Co., Inc. v Yolanda Rojas (___ Misc 3d ___, 2011 NY Slip Op ___ [Appeal No. 2009-1843 N C], decided herewith).
Decision Date: April 11, 2011