MedMac Realty Co. Inc. v Leslie Modell as Trustee of the Shawn

Motion No: M-5157

Slip Opinion No: 2018 NYSlipOp 89591(U)

Decided on November 29, 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 29, 2018

Med-Mac Realty Co., Inc.,

Plaintiff-Appellant,

v

Leslie Modell, as Trustee of the Shawn

M. Zimberg 1997 Trust; Charles A. Lubitz, as Trustee of The Shelby Modell 2003 Trust No. 1; Shawn Modell, formerly

known as Shawn M. Zimberg; Alexander

Modell and Andrew Modell,

Defendants-Respondents,

Mitchell B. Modell, as Trustee of

The Shawn M. Zimberg 1997 Trust,

Nominal Defendant.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about March 12, 2018, Now, upon reading and filing the correspondence from David S. Douglas, Esq., as counsel for plaintiff-appellant, dated October 5, 2018, and due deliberation having been had thereon, It is ordered that plaintiff-appellant's notice of appeal is deemed withdrawn in accordance with the aforesaid correspondence.ENTERED: November 29, 2018

_____________________ CLERK

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

M-5157

Index No. 652351/14