JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to reargue an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered March 14, 2012, which was determined by decision and order of this court dated December 9, 2013 (41 Misc 3d 144[A], 2013 NY Slip Op 52065[U]), or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking leave to reargue is granted and, upon reargument, the decision and order of this court dated December 9, 2013 are recalled and vacated, and a new decision and order substituted therefor (see appeal No. 2012-834 Q C, decided simultaneously herewith); and it is further,
ORDERED that the branch of the motion seeking leave to appeal to the Appellate Division is denied as moot.
Pesce, P.J., and Weston, J., concur.
Rios, J., taking no part.