Opinion
Motion No. 2018-01455 KC
09-16-2022
Unpublished Opinion
MOTION DECISION
MICHELLE WESTON, J.P. THOMAS P. ALIOTTA BERNICE D. SIEGAL, JJ.
DECISION & ORDER ON MOTION
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.