Alfaro v 65 West 13th Acquisition, LLC
Motion No: 2009-03017
Slip Opinion No: 2010 NY Slip Op 71053(U)
Decided on May 11, 2010
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

M102603

L/

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2009-03017

Thomas Alfaro, plaintiff, v 65 West 13th

Acquisition, LLC, et al., defendants third-party

plaintiffs-respondents, Humphreys & Harding,

Inc., defendant third third-party plaintiff-respondent,

Masterbuilders, Inc., defendant second third-party

plaintiff-respondent, Preferred Mechanical, Inc.,

et al., defendants-respondents; Urban Outfitters,

Inc., third-party defendant-appellant; Everett

Construction Corp., third-party defendant second

third-party defendant-respondent; Post Road Iron

Works, Inc., third third-party defendant-respondent

RCC Concrete Corp., third third-party defendant-

appellant.

(Index No. 39351/03)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application by RCC Concrete Corp., to withdraw its appeal from an order of the Supreme Court, Kings County, dated February 20, 2009.

Upon the stipulation of the attorneys for the respective parties, dated April 21, 2010, it is

ORDERED that the application is granted and the appeal by the appellant RCC Concrete Corp., is deemed withdrawn, without costs or disbursements.

FISHER, J.P., COVELLO, HALL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court