Casella Construction Corp. v Action No. 1

Motion No: M-2128

Slip Opinion No: 2019 NYSlipOp 72913(U)

Decided on June 18, 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 18, 2019

Casella Construction Corp.,

Plaintiff-Respondent,

v

Action No. 1

322 East 93rd Street, LLC.,

Defendant-Respondent.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about October 10, 2018, Now, upon reading and filing the correspondence received from counsel for additional counterclaim defendant-appellant in Action No. 1 and defendants-appellants in Action No. 2 dated April 17, 2019, and due deliberation having been had thereon, It is ordered that the appeal is deemed withdrawn in accordance with the aforesaid correspondence. ENTERED: June 18, 2019

_____________________ CLERK

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

M-2128

Index No. 155098/17