Theodore Coolbaugh v Shulman Industries Inc. Desman Inc. J.F. O'Healy Construction Corp.

Motion No: M-435

Slip Opinion No: 2019 NYSlipOp 68735(U)

Decided on April 25, 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 25, 2019

Theodore Coolbaugh,

Plaintiff-Respondent,

v

Shulman Industries Inc., Desman, Inc.,

J.F. O'Healy Construction Corp.,

Roget V. Healy,

Defendants-Respondents,

Taylor Clark Architects Inc.,

Thornton Engineering, P.C.,

Defendants,

-and-

North Shore University Hospital,

Defendant-Appellant.

Shulman Industries, Inc., Third-Party Plaintiff,Index No. 595054/14 v

Shared Systems Technology, Inc., Third-Party Defendant.

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

Shulman Industries, Inc., Second Third-Party Plaintiff, v

BAE Systems Shared Services, Inc., et al., Second Third-Party Defendants.

----------------------------------------X An appeal having been taken from an order of the Supreme Court, New York County, entered on or about December 12, 2017, Now, upon reading and filing the correspondence received from counsel for defendant-appellant dated December 26, 2018 and the stipulation of discontinuance dated November 9, 2018, and due deliberation having been had thereon,It is ordered that the appeal is withdrawn in accordance with the aforesaid correspondence and stipulation. ENTERED: April 25, 2019

_____________________ CLERK

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

M-435

Index No. 151225/14