ASRR Suzer 218 LLC v Barbes Restaurant Inc. .

Motion No: M-5853X

Slip Opinion No: 2017 NYSlipOp 95116(U)

Decided on December 12, 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.

December 12, 2017

ASRR Suzer 218, LLC,

Plaintiff-Respondent-Appellant,

v

Barbes Restaurant, Inc.,

Defendant-Appellant-Respondent.

An appeal and cross appeal having been taken from an order of the Supreme Court, New York County, entered on or about

July 19, 2017, Now, after pre-argument conference and upon reading and filing the stipulation of the parties hereto, "so ordered" October 30, 2017, and due deliberation having been had thereon,It is ordered that the defendant-appellant-respondent Barbes Restaurant, Inc.'s direct appeal is withdrawn in accordance with the aforesaid stipulation. ENTERED: December 12, 2017

_____________________ CLERK

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

M-5853X

Index No. 650154/17