Wilbert Martinez v RXR Realty LLC RXR 620 Owner I LLC

Motion No: M-7990

Slip Opinion No: 2019 NYSlipOp 85677(U)

Decided on December 10, 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.

December 10, 2019

Wilbert Martinez,

Plaintiff-Respondent,

v

RXR Realty LLC, RXR 620 Owner I LLC,

RXR 620 Owner II LLC, RXR 620 Master

Lessee LLC, Bonjour 620 I LLC,

Bonjour 620 II LLC, CF 620 Owner

One LLC, CF 620 Owner Two LLC, CF 620

Owner Three LLC, YL 620 Sixth LLC,

Defendants-Appellants, -and-

Newmark Knight Frank Management Inc.,

and Newmark & Company Real Estate Inc.,

doing business as Newmark Grubb Knight

Frank and Building Services 32BJ Health

Fund,

Defendants-Respondents.

[Caption Continues]

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

Newmark & Company Real Estate Inc.,

doing business as Newmark Grubb Knight

Frank and Newmark & Company Real

Estate Inc., doing business as Newmark

Grubb Knight Frank initially sued herein

as Newmark Knight Frank Management Inc., Third-Party Plaintiffs-Respondents, v

Building Services 32BJ Health Fund, Third-Party Defendant-Respondent.

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

Newmark & Company Real Estate Inc.,

doing business as Newmark Grubb Knight

Frank and Newmark & Company Real

Estate Inc. doing business as Newmark

Grubb Knight Frank initially sued herein

as Newmark Knight Frank Management Inc. Second Third-Party Plaintiffs- Respondents, v

Quality Fire Protection Consultants Inc., Second Third-Party Defendant- Respondent.

----------------------------------------X Appeals having been taken from a judgment of the Supreme Court, New York County, entered on or about August 5, 2019, and from an order, same Court, entered on or about August 22, 2018, the appeal from the August 22, 2018 order having been dismissed (22 NYCRR 1260.10 [a]) And second third-party/defendant-respondent Quality Fire Protection Consultants Inc. having moved to dismiss the appeal from the August 5, 2019 judgment (M-7696), Now upon reading and filing the papers with respect to the motion, and the correspondence from counsel for defendants-appellants, dated October 17, 2019 and from counsel for second third-party defendant-respondent dated October 31, 2019, it is Ordered that the appeal from the judgment entered on or about August 5, 2019 is deemed withdrawn (M-7990); and the within motion to dismiss said appeal is likewise deemed withdrawn (M-7696). ENTERED: DECEMBER 10, 2019

_____________________ CLERK

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

M-7990

M-7696

Index No.159233/13