32ND AVENUE LLC, ap, v. ANGELO HOLDING CORP., ET AL., def, HIGGINS AVE., LLC, DEFENDANT THIRD-PARTY plf-res, IMANUEL PIROOZIAN DEFENDANTS-RESPONDENTS; MICHAEL G. PSAROS, a/k/a MICHAEL PSAROS, a/k/a MICHAEL GEORGE PSAROS, THIRDPARTY def-res

32ND AVENUE LLC, ap, v. ANGELO HOLDING CORP., ET AL., def, HIGGINS AVE., LLC, DEFENDANT THIRD-PARTY plf-res, IMANUEL PIROOZIAN DEFENDANTS-RESPONDENTS; MICHAEL G. PSAROS, a/k/a MICHAEL PSAROS, a/k/a MICHAEL GEORGE PSAROS, THIRDPARTY def-res — (INDEX NO. 473/06) In an action, inter alia, to recover damages for fraud, the plaintiff appeals (1), as limited by its brief, from so much of an order of the Supreme Court, Queens County (Grays, J.), dated January 16, 2014, as, upon reargument, determined that the items set forth in a notice to admit served upon it by the third-party defendant were deemed admitted pursuant to CPLR 3123(a) based on its failure to respond thereto, and (2) from an order of the same court dated September 2, 2014, which denied its motion pursuant to CPLR 3123(b) for leave to withdraw its deemed admissions to item Nos. 1 through 5 and 8 through 26 set forth in the notice to admit.

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32ND AVENUE LLC, ap, v. ANGELO HOLDING CORP., ET AL., def, HIGGINS AVE., LLC, DEFENDANT THIRD-PARTY plf-res, IMANUEL PIROOZIAN DEFENDANTS-RESPONDENTS; MICHAEL G. PSAROS, a/k/a MICHAEL PSAROS, a/k/a MICHAEL GEORGE PSAROS, THIRDPARTY def-res — (INDEX NO. 473/06) In an action, inter alia, to recover damages for fraud, the plaintiff appeals (1), as limited by its brief, from so much of an order of the Supreme Court, Queens County (Grays, J.), dated January 16, 2014, as, upon reargument, determined that the items set forth in a notice to admit served upon it by the third-party defendant were deemed admitted pursuant to CPLR 3123(a) based on its failure to respond thereto, and (2) from an order of the same court dated September 2, 2014, which denied its motion pursuant to CPLR 3123(b) for leave to withdraw its deemed admissions to item Nos. 1 through 5 and 8 through 26 set forth in the notice to admit.

ORDERED that the order dated January 16, 2014, is modified, on the law, by deleting the provision thereof, upon reargument, determining that all of the items set forth in the notice to admit were deemed admitted, and substituting therefor a provision, upon reargument, determining that only item Nos. 6 and 7 of the notice to admit were deemed admitted; as so modified, the order is affirmed insofar as appealed from, and the order dated September 2, 2014, is vacated; and it is further,

32ND AVENUE LLC, ap, v. ANGELO HOLDING CORP., ET AL., def, HIGGINS AVE., LLC, DEFENDANT THIRD-PARTY plf-res, IMANUEL PIROOZIAN DEFENDANTS-RESPONDENTS; MICHAEL G. PSAROS, a/k/a MICHAEL PSAROS, a/k/a MICHAEL GEORGE PSAROS, THIRDPARTY def-res

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