Solar Electric Systems Inc. v Skanska USA Building Inc.

Motion No: M-122

Slip Opinion No: 2019 NYSlipOp 65016(U)

Decided on March 12, 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.

March 12, 2019

Solar Electric Systems, Inc.,

Plaintiff-Respondent,

v

Skanska USA Building Inc., Defendant-Appellant,

-and-

Fidelity and Deposit Company of

Maryland, et al.,

Defendants.

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

Skanska USA Building Inc.,

Counterclai

v

Peter Borducci,

Additional Defendant on the

Counterclaim.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about May 5, 2017, Now, upon reading and filing the papers with respect to the motion, including the correspondence from the attorney for defendant-appellant, dated December 26, 2018, and due deliberation having been had thereon,It is ordered that the appeal is deemed withdrawn in accordance with the aforesaid correspondence.ENTERED: March 12, 2019

_____________________ CLERK

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

m-Plaintiff,

M-122

Index No. 653705/16