MOTION NO. 582 VICKI JEWETT AND JOHN JEWETT, V M.D. FRITZ, INC., DOING BUSINESS AS THE BURGUNDY ROOM RESTAURANT &
Motion No: CA 10-02338
Slip Opinion No: 2011 NY Slip Op 86360(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., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

DOCKET NO. CA 10-02338

MOTION NO. 582

VICKI JEWETT AND JOHN JEWETT,

PLAINTIFFS-RESPONDENTS-APPELLANTS,

V

M.D. FRITZ, INC., DOING BUSINESS AS THE BURGUNDY ROOM

RESTAURANT & LOUNGE, DEFENDANT-APPELLANT-RESPONDENT,

BARZMAN, KASIMOV & VIETH, D.D.S., P.C., B.K.V. REALTY CO.,

LLC, DEFENDANTS-RESPONDENTS,

AND R.M.F. HOLDING CORPORATION, DEFENDANT-APPELLANT.


Defendant M.D. Fritz, Inc., doing business as The Burgundy Room Restaurant & Lounge, having moved for reargument of the order of this Court entered April 29, 2011,

Now, upon reading and filing the affirmation of Lawrence D. Behr, Esq., dated June 8, 2011, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to June 13, 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