Colony Insurance Company and KDI v Wesco Insurance Company and Biltmore Contracting Inc.

Motion No: M-200X

Slip Opinion No: 2017 NYSlipOp 64465(U)

Decided on February 16, 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 16, 2017

Colony Insurance Company and KDI

Lexington Inc.,

Plaintiffs-Respondents,

v

Wesco Insurance Company and Biltmore

Contracting, Inc.,

Defendants-Appellants.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about November 1, 2016, Now, after pre-argument conference and upon reading and filing the stipulation of the parties hereto, "so ordered" January 4, 2017, and due deliberation having been had thereon, It is ordered that the appeal is withdrawn in accordance with the aforesaid stipulation. ENTERED: February 16, 2017

_____________________ DEPUTY CLERK

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

M-200X

Index No. 650869/16