Tower Insurance Company of New York v Metal Stone Construction Inc.

Motion No: M-5552

Slip Opinion No: 2019 NYSlipOp 60215(U)

Decided on January 8, 2019

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.

January 8, 2019

Tower Insurance Company of New York

as subrogee of 532 39 Realty, LLC,

Plaintiff-Respondent,

v

Metal Stone Construction, Inc.,

Defendant-Appellant,

LMW Engineering Group, LLC, et al.,

Defendants.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about March 27, 2018, Now, upon reading and filing the papers with respect to the motion, including the correspondence from the attorneys for defendant-appellant, dated October 30, 2018, and due deliberation having been had thereon,It is ordered that the appeal is deemed withdrawn in accordance with the aforesaid correspondence.ENTERED: January 8, 2019

_____________________ CLERK

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

M-5552

Index No. 150281/11