Jack Gabay Golden Goose Realty Group v Esplanade Venture Partnership David

Motion No: M-8787

Slip Opinion No: 2020 NYSlipOp 60987(U)

Decided on January 21, 2020

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.

January 21, 2020

Jack Gabay, Golden Goose Realty Group

LLC and Hershel Feldman, as Assignee of

the claim of Epic Commercial Realty,

Plaintiffs-Respondents,

v

Esplanade Venture Partnership, David

Scharf, Joseph Scharf, Alexander Scharf,

and Susan Scharf Diamond,

Defendants-Respondents.

Esplanade Venture Partnership, Third-Party Plaintiff-Respondent, v Third-Party

Index No. 595482/17

305 West End Holding LLC and

305 West End Property LLC, Third-Party Defendants-Appellants.

---------------------------------------X An appeal having been taken from an order of the Supreme Court, New York County, entered on or about May 8, 2019, Now, upon reading and filing the correspondence from counsel for third-party defendants-appellants dated November 26, 2019, and due deliberation having been had thereon, It is ordered that the appeal is deemed withdrawn in accordance with the aforesaid correspondence.ENTERED: January 21, 2020

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice,David Friedman Dianne T. Renwick Rosalyn H. Richter, Sallie Manzanet-Daniels,Justices

M-8787

Index No. 650948/17