Peerless Insurance Company v Micro Fibertek, Inc.

Motion No: 2008-08227

Slip Opinion No: 2010 NY Slip Op 66284(U)

Decided on March 23, 2010

Appellate Division, Second Department, Motion Decision

This motion is uncorrected and is not subject to publication in the Official Reports.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M100252

J/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2008-08227 Peerless Insurance Company, appellant, v Micro Fibertek, Inc., et al., defendants, Crown Royal Ventures, LLC, respondent. (Index No. 36142-06)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to amend a decision and order of this court dated November 24, 2009, which determined an appeal from an order of the Supreme Court, Suffolk County, dated May 29, 2008.

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

ORDERED that the branch of the motion which is to amend the decision and order dated November 24, 2009, is granted, and the decision and order of this court dated November 24, 2009, in the above-entitled matter (67 AD3d 978), is amended by deleting from the fourth paragraph thereof, the words "as an additional insured under the relevant insurance policy"; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court