| MOTION NO. 1427 LEO J. ROTH CORPORATION V TRADEMARK DEVELOPMENT CO., INC., LEGACY AT ERIE STATION LLC, U.S. HOMES CO. |
| Motion No: CA 11-01260 |
| Slip Opinion No: 2012 NY Slip Op 68616(U) |
| Decided on January 31, 2012 |
| 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. |
PRESENT: SCUDDER, P.J., CENTRA, GORSKI, AND MARTOCHE, JJ.
DOCKET NO. CA 11-01260
| MOTION NO. 1427 LEO J. ROTH CORPORATION, PLAINTIFF-RESPONDENT,
V TRADEMARK DEVELOPMENT CO., INC., LEGACY AT ERIE STATION LLC, U.S. HOMES CO., INC., LEGACY AT FAIRWAYS LLC, AND MARK IV
CONSTRUCTION CO., INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) |
Appellants having moved for leave to appeal to the Court of Appeals from the order of this Court entered December 23, 2011,
Now, upon reading and filing the affirmation of Anthony J. Adams, Esq., dated January 3, 2012, the notice of motion with proof of service thereof, and the affirmation of David J. Edwards, Esq., dated January 12, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: January 31, 2012
Frances E. Cafarell, Clerk