Cornelius Gilchrist and Rachel v

Motion No: M-5553

Slip Opinion No: 2019 NYSlipOp 60486(U)

Decided on January 10, 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 10, 2019

Cornelius Gilchrist and Rachel

Gilchrist,

Plaintiffs-Respondents,

v

Judlau Contracting, Inc., Metropolitan

Transportation Authority, New York

City Transit Authority, City of New York,

Defendants-Appellants.

Judlau Contracting, Inc., Metropolitan

Transportation Authority, New York City Transit Authority, City of New York, Third-Party Plaintiffs-Appellants, v

Brisk Waterproofing Company, Third-Party Defendant-Appellant, -and-

Wang Technology, LLC, Third-Party Defendant-Respondent.

---------------------------------------X

Judlau Contracting, Inc., Metropolitan

Transportation Authority, New York

City Transit Authority, City of New York, Second/Third-Party Plaintiffs-Appellants, v

Liberty Construction Corp., Second/Third-Party Defendant- Respondent.

---------------------------------------X An appeal having been taken from an order of the Supreme Court, New York County, entered on or about September 5, 2017, Now, upon reading and filing the papers with respect to the motion, including the correspondence from Alison M. Drew, Esq., of counsel to appellants, dated October 17, 2018 and due deliberation having been had thereon,It is ordered that the notice of appeal is deemed withdrawn. ENTERED: January 10, 2019

_____________________ CLERK

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

M-5553

Index No. 155695/13