Opinion
No. 2009–1830 QC.
10-23-2014
NEW YORK MERCHANTS PROTECTIVE CO., INC., Appellant, v. ROCKAWAY BAGELS, INC., Respondent.
Opinion
ORDERED that the order is reversed, without costs, the petition is reinstated, and the matter is remitted to the Civil Court for a determination of the petition on the merits.
For the reasons stated in Matter of New York Merchants Protective Co. v. Mima's Kitchen, Inc. (114 AD3d 796 [2014] ), the order is reversed, the petition is reinstated,
and the matter is remitted to the Civil Court for a determination of the petition on the merits.
The decision and order of this court dated April 11, 2011 (31 Misc.3d 134 [A], 2011 N.Y. Slip Op 50629[U] ) are hereby recalled and vacated (see motion decided simultaneously herewith).
WESTON, J.P., PESCE and ALIOTTA, JJ., concur.