Jorge Escalante v 1121400 Trade Properties LLC et al. .

Motion No: M-1935

Slip Opinion No: 2017 NYSlipOp 76982(U)

Decided on June 15, 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.

June 15, 2017

Jorge Escalante,

Plaintiff,

v

112-1400 Trade Properties, LLC, et al.,

Defendants-Respondents.

112-1400 Trade Properties, LLC,

and Cohen Brothers Realty Corporation, Third-Party Plaintiffs-Respondents, Third-Party Index No. 84134/12 v

Whitestar Consulting & Contracting,

Inc., Third-Party Defendant-Appellant.

-----------------------------------------X An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about October 14, 2015, And, defendants/third-party plaintiffs-respondents having moved to dismiss the aforesaid appeal (M-1936), And, defendant/third-party defendant-appellant having cross-moved to deem the appeal withdrawn in accordance with the notice filed with the Bronx County Clerk on or about April 7, 2017

(M-1935), Now, upon reading and filing the papers with respect to

the motion and cross motion, and due deliberation having been

had thereon, it is Ordered that motion (M-1936) is denied as academic.

The cross motion (M-1935) is granted and the appeal is deemed withdrawn. ENTERED: June 15, 2017

_____________________ CLERK

Present: Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli Sallie Manzanet-Daniels Troy K. Webber, Justices

M-1935

M-1936

Index No. 306311/10