Abbott v Sciame Construction, LLC
Motion No: 2018-01380
Slip Opinion No: 2019 NY Slip Op 65714(U)
Decided on March 20, 2019
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M261173

E/mm

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2018-01380

Aaron Abbott, plaintiff-respondent,

v Sciame Construction, LLC, et al., defendants

third-party plaintiffs-appellants; QSR Steel

Corporation, third-party defendant-respondent.

(Index No. 9192/15)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 18, 2017. Stipulation by the parties dated February 25, 2019, to withdraw the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the stipulation dated February 25, 2019, it is

ORDERED that the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion is denied as academic.

AUSTIN, J.P., HINDS-RADIX, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court