| Fabcon East, LLC v Steiner Building Company, Inc. |
| Motion No: 2006-09290 |
| Slip Opinion No: 2007 NYSlipOp 73463(U) |
| Decided on July 11, 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. |
Appellate Division: Second Judicial Department
M56959
E/sl
WILLIAM F. MASTRO, J.P.
ROBERT A. SPOLZINO
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON, JJ.
|
2006-09290 Fabcon East, LLC, respondent-appellant, v Steiner Building Company, Inc., appellant- respondent, Eponymous Associates, LLC, respondent. (Index No. 24639/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to dismiss a cross appeal from a judgment of the Supreme Court, Kings County, dated August 30, 2006. Application by the respondent-appellant to withdraw the cross appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., SPOLZINO, KRAUSMAN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court