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PAYTON v. 5391 TRANSIT ROAD, LLC

585 CA 13-00013.

107 A.D.3d 1461 (2013)

967 N.Y.S.2d 799

2013 NY Slip Op 4188

ROBERT M. PAYTON, Respondent, v. 5391 TRANSIT ROAD, LLC, et al., 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.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 7, 2013.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he slipped and fell in a parking lot of a Burger King restaurant operated by defendant Carrols Corporation. The parking lot was on property owned by defendant 5391 Transit Road, LLC. Third-party defendant, who was hired to perform snowplowing services for the parking lot, moved for summary...

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