PSB Indian Creek LLC directly v Jason Halpern JMH Indian Creek Development LLC JMH Development III

Motion No: M-1967

Slip Opinion No: 2019 NYSlipOp 72290(U)

Decided on June 11, 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.

June 11, 2019

PSB Indian Creek LLC, directly,

and derivatively on behalf of JHPSB

Indian Creek Ventures LLC, JHPSB

Indian Creek Ventures Investors LLC,

and 2901 JMH LLC,

Plaintiffs-Appellants-Respondents,

v

Jason Halpern, JMH Indian Creek Development, LLC, JMH Development III,

LLC, and 29 ICD, LLC,

Defendants-Respondents-Appellants,

-and-

JHPSB Indian Creek Ventures LLC,

JHPSB Indian Creek Ventures Investors

LLC, and 2901 JMH, LLC,

Nominal Defendants.

An appeal and cross appeal having been taken from of the Supreme Court, New York County, entered on or about September 11, 2018, Now, upon reading and filing the correspondence from the attorney for defendants-respondents-appellants dated April 9, 2018, and due deliberation having been had thereon, It is ordered that defendants-respondents-appellants' cross appeal is deemed withdrawn in accordance with the aforesaid correspondence. The direct appeal remains extant. ENTERED: June 11, 2019

_____________________ CLERK

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

M-1967

Index No. 651406/17