C.T. Chemicals (U.S.A.) Inc., v. Vinmar Impex, Inc

In C.T. Chemicals (U.S.A.) Inc., v. Vinmar Impex, Inc. (189 AD2d 727 [1st De pt 1993]) the defendant appealed a summary judgment order in favor of plaintiff (id. at 727). The Appellate Division affirmed but modified the order. The defendant filed an undertaking and sought leave to reargue before the Appellate Division (id. at 728). Upon reargument, the Appellate Division reduced the amount of its prior award, and denied leave to appeal to the Court of Appeals. Regarding the undertaking, the First Department held that when the Appellate Division reverses a decision of either a lower court or itself, that decision and the appeal bond which secures it is vacated and released (id. at 729).