| MSB Physical Therapy, P.C. as Assignee of Bright, Sayquan U. v Nationwide Ins. |
| Motion No: 2021-00476 KC |
| Slip Opinion No: 2025 NY Slip Op 69359(U) |
| Decided on May 16, 2025 |
| 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
WAVNY TOUSSAINT, P.J.
CHEREÉ A. BUGGS
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| MSB Physical Therapy, P.C. as Assignee of Bright, Sayquan U., Respondent, v Nationwide Ins., Appellant. |
Motion by appellant for leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, dated July 13, 2021, which was determined by decision and order of this court dated December 23, 2022 or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court. Separate motion by appellant for, in effect, leave to reargue the same appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED that branch of appellant's initial motion seeking leave to reargue is granted and, upon reargument, the decision and order of this court December 23, 2022 (2022 NY Slip Op 51377[U]) is recalled and vacated, and a new decision and order substituted therefor (see appeal No. 2021-476 K C, decided simultaneously herewith); and it is further,
ORDERED that the branch of appellant's initial motion seeking leave to appeal to the Appellate Division is denied; and it is further,
ORDERED that appellant's motion seeking, in effect, leave to reargue its appeal is denied as moot.
ENTER:
Paul Kenny
Chief Clerk