Charles Wong and Peggy Suk Wong v Morgan Stanley & Co. LLC Morgan Stanley & Co. Incorporated

Motion No: M-5379X

Slip Opinion No: 2018 NYSlipOp 90494(U)

Decided on December 11, 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.

December 11, 2018

Charles Wong and Peggy Suk Wong,

Plaintiffs-Appellants-Respondents,

v

Morgan Stanley & Co., LLC, Morgan

Stanley & Co., Incorporated,

Security Services & Technologies,

Inc., and ADT Security Services,

Inc.,

Defendants-Respondents-Appellants.

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

Morgan Stanley & Co., LLC, Morgan

Stanley & Co., Incorporated,

Third-Party Plaintiffs-Appellants-

Respondents,

v

Allan Briteway Electrical

Contractors, Inc.,

Third-Party Defendant-Respondent-

Appellant.

An appeal having been taken by plaintiffs from an order of the Supreme Court, New York County entered on or about April 2, 2018 to the extent it denied their cross motion for summary judgment on their Labor Law §§ 240(1) and 241(6) claims, And an appeal having been taken by defendants/third-party plaintiffs Morgan Stanley & Co., LLC, and Morgan Stanley & Co., Incorporated from the same order to the extent it denied their motion to dismiss plaintiffs' Labor Law §§ 240(1), 241(6), 200 and common law negligence claims, and for summary judgment on their third-party claims for contractual indemnification and breach of contract,And an appeal having been taken by third-party defendant Allan Briteway Electrical Contractors, Inc. from the same order to the extent as it failed to dismiss the Labor Law §§ 240(1) and 241(6) claims in the main action and the contractual indemnification claim in the third-party action, And an appeal having been taken by defendant Tyco Integrated Security, LLC formerly known as ADT Security Services, Inc., as successor-in-interest to Security Services Technologies, Inc., from an order of the Supreme Court, New York County entered on or about April 30, 2018 to the extent it denied its motion to dismiss the Labor Law §§ 240(1) and 241(6) claims, Now, after pre-argument conference and upon reading and filing the stipulation of the parties hereto, "so ordered" on October 26, 2018, and due deliberation having been had thereon, It is ordered that the appeals are withdrawn in accordance with the aforesaid stipulation. ENTERED: December 11, 2018

_____________________ CLERK

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

M-5379X

Index No. 152338/13