Zwiebel v Guttman

[*1] Zwiebel v Guttman 2012 NY Slip Op 51700(U) Decided on August 31, 2012 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on August 31, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and ALIOTTA, JJ
2010-2146 K C.

Solomon Zwiebel and FAIGY ZWIEBEL, Plaintiffs, and

against

Yaakov T. Bron and CHANAH BRON, Appellants, Shmiel D. Guttman and WILLIAMSBURG LEASING, Respondents, -and- CHASE MANHATTAN AUTO FINANCE CORP., Defendant.

[*2]

Appeal from an order of the Civil Court of the City of New York, Kings County (Kenneth J. Sherman, J.), entered January 7, 2010. The order, insofar as appealed from, denied, with leave to renew, a cross motion by plaintiffs Yaakov T. Bron and Chanah Bron for the entry of a judgment.

ORDERED that the order, insofar as appealed from, is modified by deleting therefrom the provision denying with leave to renew the cross motion by plaintiffs Yaakov T. Bron and Chanah Bron for the entry of a judgment, and by substituting therefor a provision denying the cross motion as academic; as so modified, the order, insofar as appealed from, is affirmed, without costs.

In Zwiebel v Guttman (___Misc 3d ___, 2012 NY Slip Op 51459[U] [App Term, 2d, 11th & 13th Jud Dists 2012]), this court, among other things, reversed so much of an order of the Civil Court entered October 7, 2008 as denied the branches of the motions by defendants Shmiel D. Guttman and Williamsburg Leasing to set aside the jury verdict on the issue of damages to be awarded to plaintiffs Yaakov T. Bron and Chanah Bron as against defendants Shmiel D. Guttman and Williamsburg Leasing, and granted those branches of the motions. In light of that determination, the order entered January 7, 2010, insofar as appealed from, is modified by deleting therefrom the provision denying with leave to renew the cross motion by plaintiffs Yaakov T. Bron and Chanah Bron for the entry of a judgment and by substituting therefor a provision denying the cross motion as academic.

Pesce, P.J., Weston and Aliotta, JJ., concur.
Decision Date: August 31, 2012