New York Merchants Protective Co., Inc. v Ricca

[*1] New York Merchants Protective Co., Inc. v Ricca 2014 NY Slip Op 51523(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 This opinion is uncorrected and will not be published in the printed Official Reports.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, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P., MARANO and TOLBERT, JJ.
2009-1844 N C

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

against

James Ricca, Respondent.

Appeal from an order of the District Court of Nassau County, First District (Anthony William Paradiso, J.), entered April 7, 2009. The order denied a petition to confirm an arbitration award and dismissed the proceeding without prejudice to renewal.

ORDERED that the order is reversed, without costs, the petition is reinstated, and the matter is remitted to the District 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 District 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 50631[U]) are hereby recalled and vacated (see motion decided simultaneously herewith).

Iannacci, J.P., Marano and Tolbert, JJ., concur.

Decision Date: October 23, 2014