New York Merchants Protective Co., Inc. v Rockaway Bagels, Inc.

[*1] New York Merchants Protective Co., Inc. v Rockaway Bagels, Inc. 2014 NY Slip Op 51522(U) Decided on October 23, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 23, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., PESCE and ALIOTTA, JJ.
2009-1830 Q C

New York Merchants Protective Co., Inc., Appellant,

against

Rockaway Bagels, Inc., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered March 25, 2009. The order denied a petition to confirm an arbitration award and dismissed the proceeding.

ORDERED that the order is reversed, without costs, the petition is reinstated, and the matter is remitted to the Civil Court for a determination of the petition on the merits.

For the reasons stated in Matter of New York Merchants Protective Co. v Mima's Kitchen, Inc. (114 AD3d 796 [2014]), the order is reversed, the petition is reinstated,

and the matter is remitted to the Civil Court for a determination of the petition on the merits.

The decision and order of this court dated April 11, 2011 (31 Misc 3d 134[A], 2011 NY Slip Op 50629[U]) are hereby recalled and vacated (see motion decided simultaneously herewith).

Weston, J.P., Pesce and Aliotta, JJ., concur.

Decision Date: October 23, 2014