AXIS CONSTRUCTION CORP. v. O'BRIEN AGENCY, INC.

2009-11552 On Motion, 2010-01130.

87 A.D.3d 1092 (2011)

929 N.Y.S.2d 869

2011 NY Slip Op 6814

AXIS CONSTRUCTION CORP., Appellant, v. O'BRIEN AGENCY, INC., et al., Respondents.

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

Decided September 27, 2011.


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

Ordered that the motion is granted and, upon reargument, the decision and order of this Court dated February 22, 2011 (see Axis Constr. Corp. v O'Brien Agency, Inc., 81 A.D.3d 863 [2011]), is recalled and vacated, and the following decision and order is substituted therefor:

In an action, inter alia, to recover damages...

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