TREMAIN CASON V KIRBY SY SMITH, III AND WERNER ENTERPRISES, INC.
Motion No: 874-14
Slip Opinion No: 2015 NY Slip Op 60456(U)
Decided on January 2, 2015
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.


January 2, 2015

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, AND LINDLEY, JJ.

MOTION NO. 874-14
DOCKET NO. CA 13-00766

TREMAIN CASON, PLAINTIFF-RESPONDENT,

V

KIRBY SY SMITH, III AND WERNER ENTERPRISES, INC.,

DEFENDANTS-APPELLANTS.


Respondent having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered September 26, 2014,

Now, upon reading and filing the affidavit of Jeanne M. Vinal, Esq., sworn to October 29, 2014, the notice of motion with proof of service thereof, and the affirmation of Lawrence A. Schulz, Esq., dated November 6, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: January 2, 2015

Frances E. Cafarell, Clerk