Gornnert v Victor at W. 53, LLC
Motion No: 2006-03850
Slip Opinion No: 2006 NYSlipOp 80175(U)
Decided on November 17, 2006
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M47086

L/

2006-03850

Glenn D. Gornnert, et al., plaintiffs-appellants,

v Victor at W. 53, LLC, et al., defendants

third-party plaintiffs-appellants; DiFama

Concrete, Inc., et al., third-party defendants-

respondents, New York Crane & Equipment,

defendant-respondent.

(Index No. 40680/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the defendants third-party plaintiffs-appellants Victor at W. 53, LLC and Bovis Lend Lease LMB, Inc., to withdraw their appeal from an order of the Supreme Court, Kings County, dated March 3, 2006.

Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is

ORDERED that the application is granted and the appeal by the defendants third-party plaintiffs-appellantsVictor at W. 53, LLC and Bovis Lend Lease LMB, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court