Caruso v 5 Times Sq. Operating, Inc. - 5 Times Sq. Dev. LLC - 42nd St. Dev. Project, Inc.

Motion No: M-5913X

Slip Opinion No: 2011 NY Slip Op 60019(U)

Decided on January 4, 2011

Appellate Division, First 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.

January 4, 2011

Caruso v 5 Times Square Operating, Inc. - 5 Times Square Development LLC - 42nd St. Development Project, Inc.

(And a third-party action) Appeal withdrawn.

Before: Gonzalez, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

Motion No. M-5913X