Opinion
Motion No: 2013-02277 NC
07-14-2015
Peter Tropaitis, Respondent, v. Kimon Thermos etc. Appellant.
ANGELA G. IANNACCI
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by respondent for leave to reargue an appeal from a judgment of the District Court of Nassau County, First District, entered April 18, 2013, which was determined by decision and order of this court dated March 30, 2015, 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 the release of funds on deposit and to clarify this court's decision and order.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for the purposes of disposition; and it is further,
ORDERED that respondent's motion is denied; and it is further,
ORDERED that the branch of appellant's motion seeking the release of funds on deposit is granted and the funds on deposit shall be released to appellant Kimon Thermos; and it is further,
ORDERED that the branch of appellant's motion seeking to clarify this court's decision and order is granted and a provision is added to the decretal paragraphs thereof directing the clerk of the Small Claims Part of the District Court to enter a net judgment in favor of appellant following the calculation of the interest due each party.
ENTER:
Paul Kenny
Chief Clerk