Little Cherry LLC v Cherry Street Owner LLC and JDS Development LLC.

Motion No: M-398

Slip Opinion No: 2019 NYSlipOp 67461(U)

Decided on April 9, 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.

April 9, 2019

Little Cherry, LLC,

Plaintiff-Respondent,

v

Cherry Street Owner LLC and JDS Development LLC, Defendants-Appellants.

An appeal having been taken from orders of the Supreme Court, New York County, both entered on or about October 2, 2018, and, New York Community Bank having moved to file an amicus curiae brief in connection with the appeal, Now upon reading and filing the correspondence from counsel for New York Community Bank, dated February 19, 2019, and due deliberation having been had thereon, It is ordered that the motion is withdrawn in accordance with the aforesaid correspondence. ENTERED: April 9, 2019

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Judith J. Gische Cynthia S. Kern Peter H. Moulton, Justices

M-398

Index No. 654136/16