Vitti v Superior Overhead Garage Door Co., Inc.
Motion No: 2018-02040
Slip Opinion No: 2018 NY Slip Op 73662(U)
Decided on May 29, 2018
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

M250713

HTR/

2018-02040

Christopher Vitti, et al., plaintiffs-respondents,

v Superior Overhead Garage Door Co., Inc.,

etc., et al., defendants-respondents, D & D

Doors, Inc., defendant third-party plaintiff-

respondent-appellant, All American Insurance

Company et al., third-party defendants-respondents,

Wayne-Dalton Corp., third-party defendant-appellant

respondent.

(Index No. 29177/08)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the defendant third-party plaintiff-respondent-appellant on an appeal and a cross appeal from an order of the Supreme Court, Suffolk County, dated November 29, 2017, to withdraw the cross appeal.

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

ORDERED that the application is granted and the cross appeal is marked withdrawn.

ENTER:

Aprilanne Agostino

Clerk of the Court