Fox v H&M Hennes & Mauritz, LP
Motion No: 2010-07470
Slip Opinion No: 2011 NY Slip Op 60599(U)
Decided on January 7, 2011
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

M113828

L/

2010-07470

Rory Fox, plaintiff-respondent, v H & M Hennes

& Mauritz, LP, defendant third-party plaintiff-

appellant-respondent; Maintenance Etc., LLC,

third-party defendant fourth-party plaintiff-

respondent-appellant; Garrity Electric, Inc.,

et al., fourth-party defendants-respondents.

(Index No. 14957/06)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application by the third-party defendant fourth-party plaintiff-respondent-appellant Maintenance, Etc., on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated May 28, 2010, to withdraw its cross appeal.

Upon the stipulation of the parties, dated December 21, 2010, it is

ORDERED that the appeal by the third-party defendant fourth-party plaintiff-respondent-appellant Maintenance, Etc., is marked withdrawn.

ENTER:

Matthew G. Kiernan

Clerk of the Court