Joseph Vitale and Titan Electrical v Steven A. Koenig

Motion No: M-5747

Slip Opinion No: 2018 NYSlipOp 91404(U)

Decided on December 20, 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 20, 2018

Joseph Vitale and Titan Electrical

Company of New York, Inc.,

Plaintiffs,

v

Steven A. Koenig,

Defendant.

Joseph Vitale, individually and

derivatively on behalf of Titan

Electrical Company of New York, Inc., Plaintiffs-Respondents, Third-Party v Index No. 111440/11

Mario Sonzone, Sunrise Contracting,

Elite Construction Company, Hi Tech

Contracting, Inc., Hi Tech Construction,

Action Construction Co., Harbor

Construction, Rite Way Construction,

Suddenly Security, M & S Rental and

Michael Lagano, Defendants-Appellants, -and-

Titan Electrical Company of New York, Inc., Nominal Defendant.

----------------------------------------X An appeal having been taken from an order of the Supreme Court, New York County, entered on or about October 16, 2017, Now, upon reading and filing the stipulation of the parties hereto, dated September 6, 2018, and due deliberation having been had thereon, It is ordered that the appeal, previously perfected, is withdrawn in accordance with the aforesaid stipulation. ENTERED: December 20, 2018

_____________________ CLERK

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

M-5747

Index No. 108444/10