| Simone v Liebherr Cranes, Inc. |
| Motion No: 2010-11102 |
| Slip Opinion No: 2011 NY Slip Op 72058(U) |
| Decided on May 6, 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. |
Appellate Division: Second Judicial Department
M119720
L/
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2010-11102, 2011-03013
Daniel Simone, Jr., et al., plaintiffs-respondents, v Liebherr Cranes, Inc., et al., defendants third-party plaintiffs-appellants-respondents, Beys Contracting, Inc., defendant fourth-party plaintiff-respondent; Bay Crane Service, Inc., third-party defendant-respondent, White Plains Crane Service, Inc., third-party defendant-respondent-appellant; Dormitory Authority of State of New York, et al., fourth-party defendants-respondents. (Index No. 33855/05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the third-party defendant-respondent-appellant on appeals and cross appeals from two orders of the Supreme Court, Kings County, dated October 1, 2010, and January 5, 2011, respectively, to withdraw its cross appeal from the order dated October 1, 2010, pending under Appellate Division Docket No. 2010-11102.
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 cross appeal by the third-party defendant-respondent-appellant pending under Appellate Division Docket No. 2010-11102, is marked withdrawn.
ENTER:
Matthew G. Kiernan
Clerk of the Court