DONNA JONES V SMOKE TREE FARM, A NEW YORK PARTNERSHIP, ROBERT F. SMITH, INDIVIDUALLY AND AS A PARTNER OF SMOKE TREE
Motion No: 1530-17
Slip Opinion No: 2018 NY Slip Op 91045(U)
Decided on September 28, 2018
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 28, 2018

PRESENT: SMITH, J.P., DEJOSEPH, NEMOYER, AND CURRAN, JJ.

MOTION NO. 1530-17
DOCKET NO. CA 17-01222

DONNA JONES, PLAINTIFF-APPELLANT,

V

SMOKE TREE FARM, A NEW YORK PARTNERSHIP, ROBERT F.

SMITH, INDIVIDUALLY AND AS A PARTNER OF SMOKE TREE

FARM AND/OR DOING BUSINESS AS SMOKE TREE FARM,

BENEDETTE SMITH, INDIVIDUALLY AND AS A PARTNER OF

SMOKE TREE FARM AND/OR DOING BUSINESS AS SMOKE

TREE FARM, DIANE VAN PATTEN, INDIVIDUALLY AND AS A

PARTNER OF SMOKE TREE FARM AND/OR DOING BUSINESS AS

SMOKE TREE FARM, AND DON VAN PATTEN, INDIVIDUALLY

AND AS PARTNER OF SMOKE TREE FARM AND/OR DOING

BUSINESS AS SMOKE TREE FARM, DEFENDANTS-RESPONDENTS.


Respondents having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered May 4, 2018,

Now, upon reading and filing the affidavit of Erin K. Skuce, Esq., sworn to June 6, 2018, the notice of motion with proof of service thereof, and the affidavit of Michael G. Bersani, Esq., June 14, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 28, 2018

Mark W. Bennett, Clerk