PAYTON, ROBERT M. v. 5391 TRANSIT ROAD, LLC

Appeals from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered October 9, 2012. The order denied the motion of third-party defendant for summary judgment and the motion of defendants and third-party plaintiff for summary judgment.

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…