Huguette D'Empaire as Guardian for v ABM Cab Corp. Claudio Bastidas and Ndubisi Nwaswu

Motion No: M-152X

Slip Opinion No: 2017 NYSlipOp 63535(U)

Decided on February 7, 2017

Appellate Division, First 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.

February 7, 2017

Huguette D'Empaire, as Guardian for

Lionel D'Empaire, an Incapacitated

Person,

Plaintiff-Respondent,

v

ABM Cab Corp., Claudio Bastidas and

Ndubisi Nwaswu,

Defendants-Appellants.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about February 28, 2016, Now, after pre-argument conference and upon reading and filing the stipulation of the parties hereto, "so ordered" December 28, 2016, and due deliberation having been had thereon, It is ordered that the appeal is withdrawn in accordance with the aforesaid stipulation. ENTERED: February 7, 2017

_____________________ CLERK

PRESENT: Hon. Peter Tom,Justice Presiding, David FriedmanJohn W. Sweeny, Jr. Rolando T. Acosta Dianne T. Renwick,Justices

M-152X

Index No. 159203/12E