Davies v Simon Property Group, Inc.
Motion No: 2015-12410
Slip Opinion No: 2017 NY Slip Op 64308(U)
Decided on February 15, 2017
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

M226171

HTR/

2015-12410

Gerald Davies, respondent-appellant,

v Simon Property Group, Inc., respondent,

E.W. Howell Co., LLC, defendant third-party

plaintiff-appellant-respondent, Ruttura & Sons

Construction Corp., defendant-appellant-respondent;

Allstate Interior Demolition Corporation,

third-party defendant-respondent

(and another third-party action).

(Index No. 601597/13)

ORDER ON APPLICATION
Application to Withdraw Appeal

Separate applications by the appellants-respondents Ruttura & Sons Construction Corp., and E.W. Howell Co., LLC, to withdraw appeals from an order of the Supreme Court, Nassau County, dated December 9, 2015.

Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the applications are granted and the appeals by the appellants-respondents are marked withdrawn.

ENTER:

Aprilanne Agostino

Clerk of the Court