| Sp Prop. 232 Ct., LLC v Ideal Props. Group, LLC |
| Motion No: 2018-01479 KC |
| Slip Opinion No: 2022 NY Slip Op 63729(U) |
| Decided on March 21, 2022 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
WAVNY TOUSSAINT
CHEREE A. BUGGS, JJ.
DECISION & ORDER ON MOTION
| SP Property 232 Court, LLC, Respondent, v Ideal Properties Group, LLC, Appellant. |
Motion by respondent for leave to reargue (1) its prior motion seeking, among other things, to vacate this court's decision and order on motion dated September 6, 2019, which, on the court's, own motion, struck the appeal from this court's general calendar and appeals calendar because the minutes of the first part of the trial were not included in the record (the transcripts begin with landlord's redirect examination) and (2) its opposition to the cross motion by tenant to enlarge the time to perfect the appeal and continue the stay until the missing testimony can be reconstructed, or, in the alternative, in effect, for summary reversal and a new trial, which motion and cross motion were decided by decision and order on motion of this court dated December 19, 2019; upon such vacatur, upon reargument, vacatur of this court's decision and order on motion dated June 12, 2020, which, among other things, granted the branch of a motion by appellant that sought summary reversal; and a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ENTER:
Paul Kenny
Chief Clerk