Board of Managers of Loft 124 v Lenox Condos LLC et al.

Motion No: M-4834X

Slip Opinion No: 2018 NYSlipOp 88456(U)

Decided on November 13, 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.

November 13, 2018

Board of Managers of Loft 124

Condominium, etc.,

Plaintiff-Appellant-Respondent,

v

Lenox Condos, LLC, et al., Defendants-Respondents-Appellants,

-and-

Scarano Architects, PLLC, et al.,

Defendants.

- - - - - - - - - - - - - -

Lenox Condos, LLC, et al.,

Third-Party Plaintiffs-

Respondents-Appellants,

v Index No. 590102/11

Vertical Design Construction

Corporation, et al.,

Third-Party

Defendants-Respondents.

- - - - - - - - - - - - - -

[And another action.]

An appeal and cross appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about January 4, 2018,And third-party defendant-respondent Vertical Design Construction Corporation having moved for a stay of all proceedings pending hearing and determination of the appeal and cross appeal (M-2296), Now, after pre-argument conference and upon reading and filing the stipulation of the parties hereto, "so ordered"

September 14, 2018, and due deliberation having been had thereon (M-4834X), It is ordered that the appeal and cross appeal are withdrawn in accordance with the aforesaid stipulation (M-4834X). The Motion for a stay (M-2296) is dismissed as academic. ENTERED: November 13, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, David Friedman Barbara R. Kapnick Troy K. Webber Peter H. Moulton,Justices

M-4834X

M-2296

Index No. 108476/10