Simone v Liebherr Cranes, Inc.
Motion No: 2010-11102
Slip Opinion No: 2011 NY Slip Op 74254(U)
Decided on June 1, 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

M120939

L/

2010-11102, 2011-03013

Daniel Simone, Jr., et al., plaintiffs-respondents,

v Liebherr Cranes, Inc., et al., defendants

third-party plaintiffs-appellants, Beys Contracting,

Inc., defendant fourth-party plaintiff-respondent;

Bay Crane Service, Inc., et al., third-party

defendants-respondents, 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 defendants third-party plaintiffs-appellants Liebherr Cranes, Inc., and Liebherr-Werk Ehingen, GmbH, to withdraw their appeals from two orders of the Supreme Court, Kings County, dated October 1, 2010, and January 5, 2011, respectively.

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 appeals by the defendants third-party plaintiffs-appellants Liebherr Cranes, Inc., and Liebherr-Werk Ehingen, GmbH, are marked withdrawn.

ENTER:

Matthew G. Kiernan

Clerk of the Court