Bally Total Fitness of Greater v Prestige Bay Plaza Development Corp.

Motion No: M-405

Slip Opinion No: 2017 NYSlipOp 70007(U)

Decided on April 11, 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.

April 11, 2017

Bally Total Fitness of Greater

New York, formerly known as

Jack La Lanne Fitness Centers, Inc., Plaintiff,

v

Prestige Bay Plaza Development Corp.,

et al.,

Defendants.

Plaintiff having moved for leave to appeal to this Court from an order of the Appellate Term entered in the office of

the Clerk of the Supreme Court, New York County, on or about January 18, 2017, and to stay enforcement of said order pending determination of the appeal, Now, upon reading and filing the papers with respect to the motion, and the correspondence from counsel for plaintiff, dated February 2, 2017, and due deliberation having been had thereon, it is Ordered that the motion is deemed withdrawn in accordance with the aforesaid correspondence. ENTERED: April 11, 2017

_____________________ CLERK

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

M-405

Index No. 104747/08