Opinion
2011-838 K C 2010-2321 K C
05-07-2012
Norman A. McLean, Respondent, v. Chase Manhattan Auto Finance Co., Defendant, and Chon U. Ho and Marcelin Papillon, Appellants. Nos.
, J.P.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
Motion by respondent for leave to reargue and renew an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 16, 2010, which was determined by decision and order of this court dated December 19, 2011 (34 Misc 3d 129[A], 2011 NY Slip Op 52302[U]), or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the appeals are consolidated for the purpose of disposition of this motion; and it is further,
ORDERED that the branch of the motion seeking leave to reargue and renew is granted to the extent that leave to reargue is granted and, upon reargument, the decision and order of this court dated December 19, 2011 are recalled and vacated, and a new decision and order substituted therefor (see Appeal Nos. 2010-2321 K C and 2011-838 K C, decided simultaneously herewith); and it is further,
ORDERED that the branch of the motion seeking leave to appeal to the Appellate Division from the decision and order of this court dated December 19, 2011 is denied as moot.
ENTER:
Paul Kenny
Chief Clerk