Zwiebel v. Bron

• Decision Date: 31 August 2012
• Docket Number: No. 2010–2146KC.,2010–2146KC.
• Citation: 36 Misc.3d 151,2012 N.Y. Slip Op. 51700,961 N.Y.S.2d 362
• Parties: Solomon ZWIEBEL and Faigy Zwiebel, Plaintiffs, and v. Yaakov T. BRON and Chanah Bron, Appellants, Shmiel D. Guttman and Williamsburg Leasing, Respondents, and Chase Manhattan Auto Finance Corp., Defendant.
• Court: New York Supreme Court — Appellate Division

36 Misc.3d 151

961 N.Y.S.2d 362

2012 N.Y. Slip Op. 51700

Solomon ZWIEBEL and Faigy Zwiebel, Plaintiffs, and

v. Yaakov T. BRON and Chanah Bron, Appellants,Shmiel D. Guttman and Williamsburg Leasing, Respondents,andChase Manhattan Auto Finance Corp., Defendant.

No. 2010–2146KC.

Supreme Court, Appellate Term, 2nd, 11th and 13th Judicial Districts.

Aug. 31, 2012.

OPINION TEXT STARTS HEREAppeal from an order of the Civil Court of the City of New York, Kings County (Kenneth J. Sherman, J.), entered January 7, 2010. The order, insofar as appealed from, denied, with leave to renew, a cross motion by plaintiffs Yaakov T. Bron and Chanah Bron for the entry of a judgment.

Present: PESCE, P.J., WESTON and ALIOTTA, JJ.

ORDERED that the order, insofar as appealed from, is modified by deleting therefrom the provision denying with leave to renew the cross motion by plaintiffs Yaakov T. Bron and Chanah Bron for the entry of a judgment, and by substituting therefor a provision denying the cross motion as academic; as so modified, the order, insofar as appealed from, is affirmed, without costs.

In Zwiebel v. Guttman (36 Misc.3d 139(A), 2012 N.Y. Slip Op 51459[U] [App Term, 2d, 11th & 13th Jud Dists 2012] ), this court, among other things, reversed so much of an order of the Civil Court entered October 7, 2008 as denied the branches of the motions by defendants Shmiel D. Guttman and Williamsburg Leasing to set aside the jury verdict on the issue of damages to be awarded to plaintiffs Yaakov T. Bron and Chanah Bron as against defendants Shmiel D. Guttman and Williamsburg Leasing, and granted those branches of the motions. In light of that determination, the order entered January 7, 2010, insofar as appealed from, is modified by deleting therefrom the provision denying with leave to renew the cross motion by plaintiffs Yaakov T. Bron and Chanah Bron for the entry of a judgment and by substituting therefor a provision denying the cross motion as academic.

PESCE, P.J., WESTON and ALIOTTA, JJ., concur.