New York Supreme and/or Appellate Courts Appellate Division, Fourth Department
October 5, 2012
WINIFRED K. DAY,
ONE BEACON INSURANCE,
Day v One Beacon Ins.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on October 5, 2012
MOTION NO. (782/12)
MEMORANDUM AND ORDER
Motion for reargument of the appeal is granted in part and, upon reargument, the memorandum and order entered June 29, 2012 (96 AD3d 1678) is amended by
deleting the phrase "dismissing the amended complaint" from the second sentence of the order and the second sentence of the third paragraph of the memorandum,
and by deleting the phrase "the amended complaint is dismissed" from the ordering paragraph and substituting in place thereof "the first and second causes of action
of the amended complaint are dismissed"; and the motion insofar as it sought in the alternative leave to appeal to the Court of Appeals is denied.
PRESENT: SCUDDER, P.J., SMITH, FAHEY, LINDLEY, AND MARTOCHE, JJ. (Filed Oct. 5, 2012.)
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