Opinion
M-2139 M-2136 M-2133 M-1999
08-20-2020
Westchester Fire Insurance Co., Plaintiff-Appellant, v. Nicholas S. Schorsch, et al., Defendants-Respondents, Aspen American Insurance Co., et al., Defendants-Appellants.
By separate motions, defendants-respondents Nicholas S. Schorsch, Edward M. Weil, Jr., William Kahane, and Peter M. Budko (M-1999), defendant-respondent Brian S. Block (M-2133), defendant-appellant RSUI Indemnity Company (M-2136) and plaintiff-appellant Westchester Fire Insurance Company(M-2139) having moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on May 14, 2020 (Appeal Nos. 10097-10098- 10099), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is Ordered that the motions by defendants-respondents Nicholas S. Schorsch, Edward M. Weil, Jr., William Kahane, and Peter M. Budko (M-1999) and by defendant-respondent Brian S. Block (M-2133), insofar as they seek reargument, are granted, and upon reargument, the decision and order of this Court entered on May 14, 2020 (Appeal Nos. 10097-10098-10099) is recalled and vacated and a new decision and order substituted therefor. (See Appeal Nos. 10097-10098-1099, decided simultaneously herewith.)
The motions by defendants-respondents Nicholas S. Schorsch, Edward M. Weil, Jr., William Kahane, and Peter M. Budko (M-1999) and by defendant-respondent Brian S. Block (M-2133), insofar as they seek leave to appeal to the Court of Appeals, are denied as academic, and it is further Ordered that the motions by defendant-appellant RSUI Indemnity Company (M-2136) and plaintiff-appellant Westchester Fire Insurance Company (M-2139), insofar as they seek reargument, are denied. The motions by defendant-appellant RSUI Indemnity Company (M-2136) and plaintiff-appellant Westchester Fire Insurance Company (M-2139), insofar as they seek leave to appeal to the Court of Appeals, are denied, without prejudice to seeking such leave with respect to the new decision and order (See Appeal Nos. 10097-10098-1099, decided simultaneously herewith.).
ENTERED: August 20, 2020
__________ CLERK
PRESENT: Hon. David Friedman, Justice Presiding, Dianne T. Renwick Barbara R. Kapnick Ellen Gesmer Cynthia S. Kern, Justices
Index No. 651026/18