KRISTOPHER SPAIN V VICTOR HOLL AND ROBERT M. SMITH
Motion No: 369-14
Slip Opinion No: 2014 NY Slip Op 75386(U)
Decided on June 13, 2014
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.


June 13, 2014

PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND WHALEN, JJ.

MOTION NO. 369-14
DOCKET NO. CA 13-01638

KRISTOPHER SPAIN, PLAINTIFF-APPELLANT,

V

VICTOR HOLL AND ROBERT M. SMITH, DEFENDANTS-RESPONDENTS.


Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered March 28, 2014,

Now, upon reading and filing the affirmation of Mo Athari, Esq., dated April 29, 2014, the notice of motion with proof of service thereof, and the affirmation of Daniel J. Pautz, Esq., dated May 15, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 13, 2014

Frances E. Cafarell, Clerk