MOTION NO. 778 JOHN T. GOWANS AND SHERRY BATCHELDER V OTIS MARSHALL FARMS, INC., DOING BUSINESS AS MARSHALL FARMS
Motion No: CA 10-01399
Slip Opinion No: 2011 NY Slip Op 86356(U)
Decided on September 30, 2011
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


September 30, 2011

PRESENT: SMITH, J.P., CENTRA, FAHEY, GORSKI, AND MARTOCHE, JJ.

DOCKET NO. CA 10-01399

MOTION NO. 778

JOHN T. GOWANS AND SHERRY BATCHELDER,

PLAINTIFFS-APPELLANTS,

V

OTIS MARSHALL FARMS, INC., DOING BUSINESS AS MARSHALL

FARMS, DEFENDANT-RESPONDENT.



OTIS MARSHALL FARMS, INC., DOING BUSINESS AS MARSHALL

FARMS, THIRD-PARTY PLAINTIFF-APPELLANT,

V

GOWANS HOME IMPROVEMENT AND HAROLD GOWANS,

THIRD-PARTY DEFENDANTS-RESPONDENTS.


Defendant/third-party plaintiff having moved for reargument of, clarification of, or leave to appeal to the Court of Appeals from the order of this Court entered June 17, 2011,

Now, upon reading and filing the affirmation of Lauren M. Miller, Esq., dated July 21, 2011, the notice of motion with proof of service thereof, the affidavit of Marc Jonas, Esq., sworn to July 26, 2011, and the affidavit of Gabrielle Mardany Hope, Esq., sworn to July 28, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 30, 2011

Patricia L. Morgan, Clerk