| Garcia v Market Associates |
| Motion No: 2013-00670 |
| Slip Opinion No: 2013 NY Slip Op 83756(U) |
| Decided on August 29, 2013 |
| 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
M161456
L/
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2013-00670 Alvin Garcia, et al., appellants-respondents, v Market Associates, et al., defendants third- party plaintiffs-respondents, Lowe's Home Centers, Inc., respondent-appellant, et al., defendant; Augusiewicz Contracting, Inc., third-party defendant-respondent. (Index No. 6934/09)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application by the respondent-appellant Lowe's Home Centers, Inc., to withdraw a cross appeal from an order of the Supreme Court, Nassau County, entered November 16, 2012.
Upon the stipulation of the attorneys for the respective parties, dated August 2, 2013, it is
ORDERED that the application is granted and the cross appeal by the respondent-appellant Lowe's Home Centers, Inc., is deemed withdrawn, without costs or disbursements.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court