Opinion
03-28-2024
DECISION AND ORDER ON MOTION
Motion for reargument or, in the alternative, for permission to appeal to the Court of Appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for reargument is granted, without costs, the memorandum and order decided and entered July 20, 2023 (218 A.D.3d 983, 192 N.Y.S.3d 776 [2023]) is vacated, and the following memorandum and order is substituted therefor, and it is further
ORDERED that the motion for permission to appeal to the Court of Appeals is denied, without costs.
Clark, J.P., Pritzker, Lynch, Reynolds Fitzgerald and Fisher, JJ., concur.