Scott Johnson v Avalonbay Communities Inc.

Motion No: M-2802

Slip Opinion No: 2019 NYSlipOp 73760(U)

Decided on June 27, 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 27, 2019

Scott Johnson,

Plaintiff-Respondent-Appellant,

v

Avalonbay Communities, Inc.,

Defendant-Respondent,

Midway Services, Inc.,

Defendant-Appellant-Respondent.

Midway Services, Inc., Third-Party Plaintiff-Appellant- Respondent, v

The Brickman Group Ltd., LLC., Third-Party Defendant-Respondent- Appellant.

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

Brightview Landscapes, LLC, formerly

known as The Brickman Group Ltd., LLC, Second Third-Party Plaintiff-Respondent- Appellant, v

Bosco & Sons Mason Contractors, Inc., Second Third-Party Defendant.

------------------------------------------X An appeal and cross appeals having been taken from an order of the Supreme Court, New York County, entered on or about

August 10, 2018, Now, upon reading and filing the correspondence received from counsel for defendant/third-party plaintiff-appellant-respondent, Midway Services, Inc., dated May 7, 2019, and from counsel for third-party defendant/second third-party plaintiff-respondent-appellant, Brightview Landscapes, LLC, formerly known as The Brickman Group Ltd., LLC, dated May 2, 2019, and from counsel for plaintiff-respondent-appellant, dated May 7, 2019, and due deliberation having been had thereon, It is ordered that the appeal and cross appeals are deemed withdrawn in accordance with the aforesaid correspondence. ENTERED: June 27, 2019

_____________________ CLERK

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

M-2802

M-2530

Index No. 155998/15