DeVirgilio v Four Times Square Center Partners, L.P.
Motion No: 2006-07759
Slip Opinion No: 2007 NYSlipOp 71093(U)
Decided on June 7, 2007
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

M55615

L/

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2006-07759

Christopher DeVirgilio, plaintiff-respondent,

v Four Times Square Center Partners, L.P., et al.,

defendants, Four Times Square Associates, LLC,

defendant third-party plaintiff respondent-appellant;

Otis Elevator Company, third-party defendant-

appellant-respondent.

(Index No. 24982/04)

DECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Separate applications by the appellant-respondent and the respondent-appellant to withdraw their appeal and cross appeal from an order of the Supreme Court, Kings County, dated July 14, 2006.

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

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., MILLER, SCHMIDT, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court