| New York Merchants Protective Co., Inc. v Oristy Food Ctr., Inc. |
| 2014 NY Slip Op 51524(U) [45 Misc 3d 129(A)] |
| Decided on October 23, 2014 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Queens County (Diccia T. Pineda-Kirwan, J.), dated April 9, 2007, deemed from a judgment of the same court entered November 30, 2009 (see CPLR 5520 [c]). The judgment, entered pursuant to the April 9, 2007 order, denied a petition to confirm an arbitration award and dismissed the proceeding.
ORDERED that the judgment is reversed, without costs, the petition is reinstated, and the matter is remitted to the Civil Court for a determination of the petition on the merits.
For the reasons stated in Matter of New York Merchant's Protective Co. v Mima's Kitchen, Inc. (114 AD3d 796 [2014]), the judgment is reversed, the petition is reinstated, and the matter is remitted to the Civil Court for a determination of the petition on the merits.
The decision and order of this court dated April 11, 2011 (31 Misc 3d 135[A], 2011 NY Slip Op 50637[U]) are hereby recalled and vacated (see motion decided simultaneously herewith).
Weston, J.P., Pesce and Aliotta, JJ., concur.