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UNITED SERVICES AUTOMOBILE ASSOCIATION v. WILEY

2007-07515 on Motion.

73 A.D.3d 1160 (2010)

904 N.Y.S.2d 436

UNITED SERVICES AUTOMOBILE ASSOCIATION, Respondent, v. ED WILEY et al., Respondents, and KATE O'BRIAN et al., Appellants, et al., Defendant. (Action No. 1) EDWARD POWERS III, Respondent-Appellant, and MOLLY SPENCER, Respondent, v. ED WILEY et al., Respondents, KATE O'BRIEN et al., Appellants-Respondents, and EASTCHESTER FIRE DISTRICT, Appellant, et al., Defendant. (Action No. 2.) STATE FARM FIRE & CASUALTY COMPANY, Respondent, v. ED WILEY SLATE CO. et al., Defendants, and EASTCHESTER FIRE DISTRICT, Appellant. (Action No. 3.) STATE FARM FIRE & CASUALTY COMPANY, Respondent, v. VILLAGE OF BRONXVILLE et al., Defendants, and EASTCHESTER FIRE DISTRICT, Appellant. (Action No. 4.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 25, 2010.

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

Ordered that the branch of the motion which is for leave to reargue is granted and the motion is otherwise denied; and it is further,

Ordered that, upon reargument, the decision and order of this Court dated March 31, 2009 (United Servs. Auto. Assn. v Wiley, 60 A.D.3d 1042

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