Altillo v 475 Park Avenue South, LLC

Altillo v 475 Park Avenue South, LLC

Motion No: 2012-05017

Slip Opinion No: 2013 NY Slip Op 89316(U)

Decided on October 24, 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M164290

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-05017
Nicholas Altillo, et al., plaintiffs, v 475 Park
Avenue South, LLC, et al., defendants, DeSilva
& Phillips NY, Inc., defendant-respondent,
Adelhardt Construction Corporation, defendant
third-party plaintiff-respondent; Cord Contracting
Co., Inc., third-party defendant-appellant, et al.,
third-party defendants.
(Index No. 446/07)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 21, 2012.

Upon the stipulation of the attorneys for the respective parties, dated September 18, 2013, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court