| Garcia v Superior Crane Rental, Inc. |
| Motion No: 2011-00291 |
| Slip Opinion No: 2011 NY Slip Op 86168(U) |
| Decided on October 11, 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
M127027
L/
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2011-00291 Marcial Garcia, appellant, v Superior Crane Rental, Inc., defendant third-party plaintiff- respondent, City of Yonkers, defendant-respondent; Almstead Tree & Shrub Care Company, LLC, third-party defendant-respondent. (Index No. 08-1192)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated November 17, 2010, insofar as asserted against City of Yonkers.
Upon the stipulation of the attorneys for the respective parties, dated September 20, 2011, it is
ORDERED that the application is granted and the appeal is deemed withdrawn insofar as asserted against City of Yonkers, without costs or disbursements.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court