Chaimowitz v. Calcaterra

Motion by the appellant, inter alia, in effect, for leave to reargue a decision and order of this Court dated August 18, 2010, which determined an appeal from a final order of the Supreme Court, Suffolk County, dated August 9, 2010.

Upon the papers filed in support of the motion and in opposition thereto, it is

Ordered that the branch of the motion which is, in effect, for leave to reargue is granted, and the motion is otherwise denied; and it is further,

Ordered that the decision and order of this Court dated August 18, 2010 (76 AD3d 650 [2010]), is recalled and vacated, and the following…