Nagle v One NY Plaza Co., LLC
Motion No: 2016-06638
Slip Opinion No: 2016 NY Slip Op 83996(U)
Decided on August 30, 2016
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

M217469

afa/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-06638

D

Christopher R. Nagle, plaintiff-respondent,

v One NY Plaza Co., LLC, et al., appellants-

respondents, James G. Kennedy & Co., Inc.,

defendant third-party/second third-party

plaintiff-respondent, Petrocelli Electric Co.,

Inc., et al., defendants/third-party defendants-

respondents; Computer Floors, Inc., et al., second

third-party defendants-respondents; Penguin Air

Conditioning Corp., second third-party/fourth-

third-party plaintiff-respondent; Enterprise

Mechanical, Inc., et al., fourth third-party

defendants respondents-appellants.

(Index No. 33815/09

ECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the respondents-appellants Enterprise Mechanical Inc., and Enterprise Mechanical Corp., for leave to withdraw their cross appeal from an order of the Supreme Court, Queens County, dated May 26, 2016.

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ORDERED that the application is granted and the cross appeal is deemed withdrawn, without costs or disbursements.

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

ENTER:

Aprilanne Agostino

Clerk of the Court