Capstone Business Funding LLC v Samrat Container Lines Inc. and Euler Hermes North America

Motion No: M-3412X

Slip Opinion No: 2018 NYSlipOp 82426(U)

Decided on September 6, 2018

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.

September 6, 2018

Capstone Business Funding, LLC,

Individually, and as assignee of

Mountaineer Mining Corp.,

Plaintiff-Appellant,

v

Samrat Container Lines, Inc. and

Euler Hermes North America

Insurance Company,

Defendant-Respondents.

An appeal having been taken from a judgment of the Supreme Court, New York County, entered on or about January 19, 2018, and an order from the Supreme Court, New York County entered on or about September 13, 2017, Now, after pre-argument conference and upon reading and filing the stipulation of the parties hereto, "so ordered"

July 6, 2018, and due deliberation having been had thereon, It is ordered that the appeal is withdrawn in accordance with the aforesaid stipulation. ENTERED: September 6, 2018

___________________ CLERK

PRESENT: Hon. Rolando T. Acosta,Presiding Justice,David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter,Justices

M-3412X

Index No. 650965/16