Zurich Personal Ins. v. Sackett

—Motion by the respondent for reargument of an appeal from an order of the Supreme Court, Nassau County, dated November 9, 1998, which was decided by decision and order of this Court dated January 18, 2000.

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

Ordered that the motion is granted; and it is further,

Ordered that, upon reargument, the decision and order of *613this Court dated January 18, 2000 (Matter of Zurich Personal Ins. v Sackett, 268 AD2d 484), is recalled and vacated, and the following decision and order is substituted therefor:

In a…