| ROBERT M. PAYTON V 5391 TRANSIT ROAD, LLC, AND CARROLS CORPORATION |
| Motion No: 585-13 |
| Slip Opinion No: 2013 NY Slip Op 87834(U) |
| Decided on September 27, 2013 |
| 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., SMITH, CENTRA, AND LINDLEY, JJ.
MOTION NO. 585-13
DOCKET NO. CA 13-00013
| ROBERT M. PAYTON, PLAINTIFF-RESPONDENT, V 5391
TRANSIT ROAD, LLC, AND CARROLS CORPORATION, DEFENDANTS-APPELLANTS. CARROLS, LLC, A WHOLLY OWNED SUBSIDIARY
OF CARROLS CORPORATION, THIRD-PARTY PLAINTIFF-RESPONDENT-APPELLANT, V JOSEPH H. TUDOR, DOING BUSINESS AS JM
ENTERPRISES, THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT. |
Third-party defendant Joseph H. Tudor having moved for reargument of the order of this Court entered June 7, 2013,
Now, upon reading and filing the affirmation of Laurence D. Behr, Esq., dated July 29, 2013, the notice of motion with proof of service thereof, the affidavit of Justin S. White, Esq., sworn to August 2, 2013, and the affidavit of Kristin L. Norfleet, Esq., sworn to August 8, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: September 27, 2013
Frances E. Cafarell, Clerk