Gamma Bedford, LLC v Berthony Cineas & Anderson Cineas
Motion No: 2018-01455 KC
Slip Opinion No: 2022 NY Slip Op 72276(U)
Decided on September 16, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

MICHELLE WESTON, J.P.

THOMAS P. ALIOTTA

BERNICE D. SIEGAL, JJ.

DECISION & ORDER ON MOTION

2018-1455 K C
Gamma Bedford, LLC, Respondent, v Berthony Cineas and Anderson Cineas, Appellants, et al., Undertenants.

Motion by respondent for leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, dated May 30, 2018, which was determined in a decision and order of this court dated June 12, 2020, or, in the alternative, for leave to appeal to the Appellate Division from this court's decision and order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of respondent's motion seeking leave to reargue is granted and, upon reargument, the decision and order of this court dated June 12, 2020 (2020 NY Slip Op 50727[U]) is recalled and vacated, and a new decision and order substituted therefor (see appeal No. 2018-1455 K C, decided simultaneously herewith); and it is further,

ORDERED that the branch of respondent's motion seeking leave to appeal to the Appellate Division is denied.

SIEGAL, J., taking no part.

ENTER:

Paul Kenny

Chief Clerk