Opinion
Motion No: 2016-02079 KC
04-15-2019
Sure Way NY, Inc., as Assignee of Fagan, Esther, Respondent, v. Travelers Insurance Company, Appellant.
MICHELLE WESTON
BERNICE D. SIEGAL, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 20, 2016, which was determined by decision and order of this court dated July 13, 2018 (60 Misc 3d 139[A], 2018 NY Slip Op 51130[U]), or, in the alternative, for leave to appeal to the Appellate Division from this court's decision and order. Separate motion by appellant for an enlargement of time to serve and file reply papers.
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 appellant's motions are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion for an enlargement of time to serve and file reply papers is granted and the reply papers are deemed timely served and filed; and it is further,
ORDERED that the branch of appellant's motion seeking leave to reargue is granted and, upon reargument, the decision and order of this court dated July 13, 2018 (60 Misc 3d 139[A], 2018 NY Slip Op 51130[U]) is recalled and vacated, and a new decision and order substituted therefor (see appeal No. 2016-2079 K C, decided simultaneously herewith); and it is further,
ORDERED that the branch of appellant's motion seeking leave to appeal to the Appellate Division is denied as academic.
PESCE, P.J., WESTON and SIEGEL, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk