the Board of Managers of 147 Waverly v KMG Waverly LLC et al.

Motion No: M-2230

Slip Opinion No: 2019 NYSlipOp 73096(U)

Decided on June 20, 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 20, 2019

The Board of Managers of 147 Waverly

Place Condominium,

Plaintiff,

v

KMG Waverly, LLC, et al.,

Defendants. - - - - - - - - - - - - - - - KMG Waverly, LLC,

Third-Party Plaintiff-Appellant,

KMGW, LLC, Marathon Waverly, LLC

Third-Party Plaintiffs,

Marathon Real Estate Opportunity Fund, LLC,

Burt Miller, Eric Granowsky, Stanley

Kleger, and Ron Bernstein,

Third-Party Plaintiffs-Appellants,

v

Waverly CC, LLC,

Third-Party Defendant,

Stanislaw Slutsky, P.E., Forum Engineering,

PC., Robert Silman Associates Structural

Engineers, D.P.C., Kulik & Associates, LLC,

George J. Kulik, P.E., P.C., Lawrence

Exterior Restoration Corp.,

Third-Party Defendants-Respondents,

Vanguard Construction & Development

Company, Inc., and BKSK Architects, LLP,

Third-Party Defendants.

An appeal having been taken from the order of the Supreme Court, New York County, entered on or about August 18, 2016, Now, upon reading and filing the stipulation of the parties hereto, submitted April 9, 2019, and due deliberation having been had thereon, It is ordered that the perfected appeal is withdrawn in accordance with the aforesaid stipulation. ENTERED: June 20, 2019

_____________________ CLERK

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

M-2230

Index No. 159329/13